As part of our internet law & e-commerce practice, we provide online sweepstakes & games services.
Online Sweepstakes Agreements
Social media platforms and the Internet have helped the popularity of online sweepstakes and contests. Such activities have exploded over the last few years. For businesses to limit liability when conducting these types of promotions, proper legal documentation should be in place. We help businesses get protection through use of special provisions in online sweepstakes agreements. For example, the sweepstake or contest needs to include the proper disclaimers and disclosures as well as outline an official set of rules. It should also have appropriate releases for participants and winners, including provisions regarding compliance with applicable state and/or federal laws.
Consumer Protection Laws
Contestants must receive basic information about the online sweepstakes from the company running the game. Additionally, they will need to address potential legal issues. For example, use of the Internet allows for participants to more easily submit repetitive entries. Similarly, promotions that encourage or require participants to “share” content may raise intellectual property issues, such as copyright infringement. As such, companies should secure the proper releases needed for any promotional material to be used in connection with the winner.
Online Sweepstakes Law
The collection of personal information, whether purposeful or unintentional, from participants can also trigger legal issues. For instance, companies must ensure their promotion does not violate any federal regulations regarding privacy or collection of personal information. Online sweepstakes via the Internet may also be subject to varying state laws based on the location of the participant. Additionally, the Children Online Privacy Protection Act (“COPPA”) regulations may be triggered if children are targeted.
Online Contests and Internet Sweepstakes
We assist businesses run online contests and help ensure proper disclaimers and releases are in place. We also analyze the framework of the online sweepstakes to ensure compliance with both state and federal law as it applies to the activities.