Sweepstakes, games of chance and skill contests have always been a form of marketing with a high return on investment. New communication channels, such as the Internet, smartphones, Facebook, Twitter and SMS messaging, have increased the effectiveness of these tools and allow businesses and marketers to create highly interactive experiences for potential customers.
As technology and creativity outpace the law, these next generation promotions create complicated legal issues. In addition to state lottery laws, many of these promotions implicate major federal legislation such as the Children’s Online Privacy Protection Act (COPPA), the Digital Millennium Copyright Act, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and the Communications Decency Act.
Robson & Robson LLC attorneys are on the leading edge of the trend and have experience with all types of sweepstakes, skill contests and games of chance, including those that integrate user generated content, SMS messaging, Facebook and Twitter.
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