Sweepstakes are becoming more popular as a way of building brand awareness. Online and mobile marketing have made them extremely accessible to consumers, allowing the sponsor of the sweepstakes to reach them no matter where they are, with increased speed and sense of urgency. Sweepstakes are attractive to consumers, as they provide the excitement of possibly of winning something of value.

Sweepstakes and contests are sometimes used interchangeably to describe a promotion. However there is one principle difference. A contest involves skill to participate whereas a sweepstakes promotion awards a prize on the basis of chance alone. And unlike a lottery where entering requires the purchase of a ticket a sweepstakes requires no purchase of any kind to participate in the sweepstakes drawing.

Once you decide to develop sweepstakes promotion there are a variety of legal requirements that you must have in place in order to achieve compliance with federal, state and local lottery laws and regulations. At Marden-Kane, we have the expertise you need in creating legally compliant and well planned sweepstakes promotions.

Creating and running a sweepstakes can be risky if you are not privy to the current interpretation of the exigencies that can arise from federal, state, and local laws governing your promotion. If you are running a promotion internationally there are significantly greater requirements that must be met on a country by country basis. We make sure you stay compliant with all current regulations through our strategic alliances with leading industry law firms.

Because sweepstakes promotions are public messages, you need to set some contract terms between yourself as the sponsor of the promotion and your participants.

Full disclosure of the sweepstakes terms and conditions must be clearly stated in a set of official rules. This means you need to state all elements pertinent to your campaign, including the fact that no purchase is necessary, along with eligibility requirements, any restrictions for entry, the start and end date of your sweepstakes, the odds of winning, how the winner will be selected, details of the prize, and more.

The rules stated in your campaign function like a contract between your company and the participant. Once you create your rules, they must remain as they are throughout the entire sweepstakes promotion. We make sure your rules are not only clearly defined, but also within the boundaries of the laws governing all states, and if applicable, countries.

Providing comprehensive strategies for a successful and fully legal sweepstakes promotion is an area where we at Marden-Kane excel. Our goal is to help you define and plan your sweepstakes campaign, develop your official rules, materials, and concepts, create appropriate documentation, assist you in selecting and processing winners, and more. Contact us for more information.

At Marden-Kane, our attorneys are experts when it comes to all aspects of promotional campaigning. Please browse our site today and contact us to learn more about how we can help you conduct a responsible and successful sweepstakes promotion.