Verrill Dana has a prominent, national practice in sales promotion law, having assisted marketing agencies and popular consumer brands for over 30 years. Our chair of this department, Rob Laplaca, speaks regularly at promotion marketing events and publishes articles on promotion law. We offer legal services on a wide-range sales promotions, including sweepstakes and contest, charitable sales promotions, and premium offers. Sales promotions and the laws that regulate them are constantly evolving along with technology. While once companies simply asked patrons to drop their business cards into a fishbowl for a chance to win a simple prize, now companies are finding creative uses of social media to engage consumers in an interactive experience with their brands. We provide knowledgeable, practical and efficient assistance from concept through implementation of a wide range of traditional and newly-developing promotional activities, cognizant of the ever-changing landscape of the many state and federal laws that regulate the marketing of products and services.
Sweepstakes and Contests
These promotions encompass anytime consumers are offered a prize, including sweepstakes, instant win games and skill contests. We will discuss with our clients their concepts for the promotion and offer legal advice to best implement their ideas. We will draft and review marketing contracts, official rules, abbreviated disclosures, ad copy and fulfillment documents, such as compliance affidavits and prize, liability and advertising releases. We will also assist with any bonding and registration requirements. Platforms for these promotions include: Internet, email and social media; mobile media and apps; user generated content; direct mail; retail promotions, such as on-pack/in-pack games; trade promotions; and traditional mail-in promotions.
Commercial Co-Ventures/Cause-Related Marketing
Our firm has established a national reputation as a leader in providing legal assistance for cause-related promotional activities, which include commercial co-ventures, as well as flat donations, sponsoring charitable events, or other marketing efforts to support a charitable cause. Our clients include many leading national brands as well as well-recognized charities that frequently engage in these charitable sales promotions nationwide and at times, internationally. A common cause marketing promotion is a commercial co-venture in which a brand agrees to provide a certain dollar amount or percentage of a purchase to charity. These promotions are highly regulated and the laws are diverse and specific to each jurisdiction. We help our clients develop successful charitable sales promotions and advise on the options available and the necessary legal compliance. Our services also include drafting and reviewing necessary contracts and advertising disclosures, obtaining any bonds and registration for the promotion, and compiling and filing any required additional reporting mandated by the states.
Premium Offers
We provide legal assistance with drafting and reviewing consumer offers, including rebates, coupons and giveaways, as well as employee sales incentive programs.
Advertising
In connection with a promotion, whether it be a sweepstakes, contest, or charitable sales promotion, we review consumer advertising, including packaging, print-ads, point-of-sale, online, mobile media, radio, television and movies. In this regard, we also advise on compliance with the various promotion disclosure laws, as well as any trademark, copyright, privacy and related issues.
