What Every Attorney Should Know about Sweepstakes, Contests and Mobile Marketing Law


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

This webinar will explain the differences between an illegal lottery and a sweepstakes or contest and examine the three elements of a lottery: prize, chance and consideration, going into specific detail of the differences between chance and skill-based games and the various forms of consideration and how to create an alternate method of entry to keep a sweepstakes legal. It will provide specific examples of good and bad promotions and best practices. It will go over the various state requirements concerning what needs to be in the official rules, what needs to be disclosed in advertising, as well as registration and bonding. And the program will address privacy issues which may impact promotions, including the recent California Privacy Law and Global Data Protection Regulation.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   Examination of each element of a lottery: Prize, Chance and Consideration
•   What is a prize and what prizes cannot be awarded
•   The different tests applied to determine whether chance exists
•   The different types of consideration, including hidden consideration and non-monetary consideration
•   When an alternative (free) method of entry is required
•   Registration and bonding of chance promotions
•   The traditional aspects of skill contests
•   User Generated Content and a Sponsor’s protection from copyright, trademark and privacy claims
•   Direct mail and retail promotions
•   Mobile marketing and social media guidelines
•   Promotions open to children
•   Official Rules and advertising mandatory disclosures
•   The California Privacy Law and the GDPR

Date / Time: November 4, 2019

•   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.

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Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 23, 2019

Rob Laplaca, Esq. is a partner at Verrill Dana in Westport, Connecticut, and leads the Firm’s Advertising, Marketing and Promotions Practice, which includes sweepstakes, skill contests, instant win games, Internet and mobile marketing, along with commercial co-ventures. He represents many noted brands and works on national and worldwide campaigns. He works with clients on program concept, contract drafting and review, state registration, and advertising.

Rob is also a commercial litigator whose practice includes complex commercial disputes involving corporate, contract, employment and intellectual property. He has practiced in federal and state courts throughout the country and his experience also covers appellate practice in New York and Connecticut.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, SC, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, SC, and LA]

Many 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, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Lottery Law
a) Prize
b) Chance
c) Consideration

Section II. State Gambling Laws

Section III. Games of Chance

Section IV. Skill Contests

Section V. Regulated Industries

Section VI. Retail Promotions

Section VII. Direct Mail Promotions

Section VIII. Mobile Marketing Promotions
a) Text Messaging
b) Social Media
c) User Generated Content

Section IX. Promotions to Children

Section X. Privacy Issues

Section XI. Official Rules

Section XII. Advertising Disclosures