First step in evaluating any promotion is ensuring that it is not an illegal lottery.
The laws that apply in prize promotion include federal and state sweepstakes and contests laws, criminal lottery and gambling statutes, federal and state UDTPA/false advertising laws, intellectual property laws, and laws regulating specific types of campaigns/marketing techniques. When dealing with a lottery, it must have three elements - a prize is awarded; winners are determined on basis of chance; and participants must submit consideration to enter. Sweepstakes laws often include specific requirements regarding rules. This video reviews these laws as well as additional considerations for promotions.
Melissa Landau Steinman
- Partner at Venable LLP
- Practice focuses on advertising, marketing and new media, as well as distribution antitrust
- Counsels some of the nation’s largest CPG brands, media and technology companies, hospitality chains and retailers on advertising and promotions, distribution, pricing, warranties, product safety and other matters
- Represents clients in private and government litigation, and before self-regulatory bodies such as the NAD, CARU and the ESRP
- Has extensive experience in consumer promotions law, with specialized expertise in social media, gift cards, incentives and loyalty programs, and sweepstakes and contests law
- Frequent lecturer and writer on topics relevant to promotions and advertising law, particularly social media, prize promotions and gift card topics
- Contributed to the American Bar Association's update of its Consumer Protection Law Handbook, the Brand Activation Association’s treatise on Promotion Marketing Law, and Globe Law and Business’ International Advertising Law, and also wrote the social media and charitable sales promotions chapters for an upcoming ABA Handbook on advertising claims substantiation
- Speaks extensively on marketing, advertising, social media, sweepstakes, gift card and promotions topics; her commentary has appeared nationally
- Wrote and edited the Guide to Federal and State Regulation of Advertising, a comprehensive two volume book on the law of advertising and promotions
- Member of Board of the Brand Activation Association
- Recognized in the 2010 to 2014 editions of Legal 500 for her work in sweepstakes and social media
- J.D. degree, Harvard Law School; B.A. degree, cum laude, Columbia University
- Can be contacted at 202-344-4972 or [email protected]
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