You Might Be a Winner

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December 13, 2018 3:07 pm 2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways.  From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.”  The most depressing thing is the lawsuits themselves, often filled with either corrupt sponsors or litigious plaintiffs.  But if you read far enough, you might just learn a few takeaways to help you or your client stay…
November 8, 2018 12:56 pm On November 2, 2018, the New York Attorney General came crashing down on a number of moving services that paid for at least 60 fake positive online reviews posted under the heading “CHECK OUT OUR REVIEWS POSTED BY CUSTOMERS JUST LIKE YOU.”  As a result, the only checking being done will be from the businesses’ bank account when they shell out over $65,000 in penalties and costs. Fake online reviews…
November 5, 2018 11:38 am Prop 215 was enacted in California twenty-two years today on November 5, 1996.  This law was the first of its kind in the U.S. to legalize medical marijuana use.  Since then 30 states have approved medical marijuana use and 9 have legalized recreational marijuana.  Maybe a long timing coming (for those who like to toke) given that Herodotus first recorded the Scythians inhaling the smoke from smoldering cannabis seeds and…
August 24, 2018 2:56 pm Every beer drinking football fan in Cleveland knows by now that there will be magic beer fridges stationed throughout Cleveland that will miraculously open to produce bottles of free Bud Light if the football gods see fit to allow the Browns to win a football game this year. At first glance, I pictured the regulatory referees throwing yellow flags across the field decreeing a penalty for violating beer promotion laws.…
August 1, 2018 4:18 pm Recently, an Agreed Final Judgment was entered in Tennessee state court following an action by the Tennessee Attorney General (in conjunction with the AGs of 16 other states) against a TN charity concerning issues raised over a commercial co-venture program involving donations for teddy bears purchased to provide care packages to servicemembers. Facts: The charity, Operation Troup Aid, Inc. (OTA), engaged in a commercial co-venture with Harris Originals of NY,…
August 1, 2018 1:58 pm You’re offered a $1 million game piece for $40,000 dollars.  What do you do?  As you might expect, this may be an offer you can’t refuse. A recent and very comprehensive article in the Daily Beast, provides an in-depth look at how the history of McDonald’s Monopoly Game has involved McStings, mobsters and molls.  I will not go as in-depth, since I am confined to the fate of the billable…
July 16, 2018 9:48 am Over the years there have been a number of promotions that just exploded beyond a brand’s expectations.  In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a coupon redeemable at participating restaurants.  Lines snaked out the doors and cars lines up at drive-thru windows.  Some customers waited two hours for their chicken and some were turned away with only…
June 21, 2018 2:03 pm Online videos are powerful marketing tools. We’ve all been there when you watch one video on your phone and suddenly realize you’ve wasted hours watching clips of a dog skateboarding, a step-by-step tutorial on making a unicorn cake, and your favorite celebrity’s appearance on a talk show.  While video content remains popular on YouTube, Instagram users are only able to share one minute of video content with their followers –…
June 21, 2018 10:47 am Meet Lil’ Miquela. She has 1.2 million Instagram followers: She’s modeled such famous brands as Diesel, Versace, Fendi and Chanel.  In March, she appeared in a fashion spread in V Magazine as “The Face of New Age Logomania.”  Last month she talked her audience through the latest GIF sets from Prada in Milan. Also meet Shudu. She has 125k Instagram followers.  Last week she finished a fashion editorial for Women’s…
June 19, 2018 1:46 pm Bobblehead: “A figurine with a disproportionately large head mounted on a spring so that it bobs up and down, often made as a caricature of a famous person.” Giveaway: “A thing that is given free, especially for promotional purposes.” Sales tax: “The portion of the purchase price typically forgotten about.  Generally seen in price advertising as ‘+ tax’.” On June 13, 2018, the Ohio Supreme Court heard oral arguments in…