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Structuring Sweepstakes and Contests
Whether operated by a franchisor or a franchisee, contests involving skill (“contests”) or games of chance (“sweepstakes”) aimed at consumers are often an integral part of a promotional and brand-building effort. These promotions can range in size and complexity ' from a restaurant's “business card fishbowl” drawing to a complex Internet and mobile promotion. Regardless of the details of your promotion, various federal and state laws and regulations may apply. This article sets forth some key legal and practical issues you should consider when operating a promotion.
Illegal Lotteries. Generally, federal and state laws prohibit any entity other than a state (or state licensees) from conducting a “lottery.” A contest or sweepstakes that contains each of the following three elements is considered an illegal lottery:
- An element of chance ' that is, randomness or luck plays a part in the determination of winners. State laws vary on the amount of chance required to constitute an illegal lottery;
- A prize ' anything of value awarded to one or more winners chosen; and
- Consideration ' this includes monetary and non-monetary consideration, and state laws vary on the amount of consideration required to constitute an illegal lottery.
Accordingly, one of these three elements should be removed before any promotion may proceed.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.