Sweepstakes, Contests & Lottery Laws: Evading Mistakes, Mindlessness, and Madness


Re-Broadcast on March 8, 2018

This course will deliver an understanding of the basic tenets of Sweepstakes and Contests, and why and how to avoid a lottery law violation. Using practical real-world promotion examples through-out and a hypothetical case-study, our speaker will analyze their various elements, what makes them dangerous, and what influences their success. Then she will discuss the use of mobile, online and social media platforms to execute or support a promotion. All the while, providing best-practices and watch-outs to evade mistakes, promotional mindlessness and madness.

Key topics to be discussed:

•   Understanding the different types of “Promotions”
•   Understanding what makes them dangerous: a case study
•   Understanding Games of Chance/Sweepstakes
•   Understanding Contests of Skill
•   Social Media Promotions
•   National Promotions: Is Strict Compliance Possible?
•   Mistakes, Mindlessness and Madness

Date / Time: March 8, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


Re-Broadcast on March 8, 2018

roslyn-kitchenRoslyn “Roz” J. Kitchen, Esq. is a Partner in the Boulder office of COHEN SILVERMAN ROWAN LLP, a recognized name in the promotion industry with a practice limited exclusively to Promotion and Marketing for the last 40 years. Roz provides counsel to major promotion & marketing agencies and international companies on every aspect of national and international consumer and trade promotions. Her practice focuses on sweepstakes, games of chance, skill contests, hackathons, app developer contests, sales incentives, all forms of consumer advertising offers, and the applicable Federal and state laws and regulations implicated by such promotions, as communicated in any and all media including on-line, text and social media. Her extensive experience coupled with a pragmatic approach means clients have a valuable resource from the outset, helping them to structure, administer and execute innovative promotions often on a global scale. Roz also handles all commercial contract drafting and intellectual property issues that arise in support of a promotion. She has lectured extensively across the country on these and other promotion related topics, and is a frequent speaker for major Continuing Legal Education providers in the United States.

Prior to joining COHEN SILVERMAN ROWAN LLP, Roz was a commercial litigator with the law firm of Cook & Franke, and prior to that a Supreme Court Law Clerk to Justice James H. Carter of the Iowa Supreme Court. Roz attended Lewis & Clark Northwestern School of Law in Portland, Oregon. Upon graduation from Hobart & William Smith Colleges, many eons ago, Roz was awarded the Benjamin P. Atkinson Award for excellence in English (Roz is English, after all).

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
CLE 2.00 – AZ
CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
CLE 2.00 – GA
CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Understanding the different types of “Promotions”

Section II. Understanding what makes them dangerous: a case study
a) The myriad of applicable laws
b) Regulatory frame-work
c) Private rights of action

Section III. Understanding Games of Chance/Sweepstakes
a) Analysis and structure of a legal chance based promotion
b) How not to create a Lottery Law situation (a/k/a violation)
c) Bonding and Registration

Section IV. Understanding Contests of Skill
a) Analysis and structure of a legal skill based promotion
b) User Generated Content: now what?

Section V. Social Media Promotions
a) Facebook; Twitter; Snap Chat; Instagram Guidelines
b) Additional Online, Mobile/SMS and Email Implications for platform promotions

Section VI. National Promotions: Is Strict Compliance Possible?
a) Official Rules: Drafting and Disclosures
b) Disclosures for collateral
        i. Web, Mobile, Print, TV, Radio, Email and Direct Mail
        ii. Bonded and Registered Promotions
        iii. Website Review
        iv. After-the-Fact: Winner Verification and Prize fulfillment, Tax Implications

Section VII. Mistakes, Mindlessness  and Madness