Marketing with Promotions

Promotions are often part of an integrated marketing strategy to build brand identity. Prize promotion events are extremely popular tools for increasing customer loyalty and engagement, but there are a host of legal issues that must be considered when planning and executing a campaign in order to comply with local, state, and federal laws.

At The Lustigman Firm our attorneys are experienced in all areas of promotional marketing, including events, incentive programs, coupons and rebates, sweepstakes, skill contests, interactive media promotions. These include online promotions and user-generated-content contests and telecommunications marketing using mobile devices and cell phones.

We help advertisers and agencies steer clear of the pitfalls by developing legal rules for local, national and international promotions. To learn more about how we can help your company with an upcoming promotion, contact The Lustigman Firm to speak directly with an experienced promotions law attorney.

An Industry Wide Reputation for Results

Our firm has built an industry-wide reputation in promotional marketing law through both our consultative work and litigation on behalf of promotions clients. We are committed to educating promotions marketers on cutting edge legal issues such as privacy and data security issues, product placement, interactive marketing, and rebate restrictions. We offer a variety of informational resources and articles on this Web site, as well as ongoing Webinars and speaking events in the New York and New Jersey area.

Attorney Andrew Lustigman is a regular contributor to industry publications, including the Promotion Marketing Association's Marketing Law treatise. He chairs the American Bar Association Special Committee on Promotion and Marketing Law and actively serves on the Legal and Government Affairs Committee for the Promotion Marketing Association.

We Know the Ins and Outs of Promotions

We work with clients ranging from Fortune 100 companies to entrepreneurs on their sweepstakes and promotional marketing campaign. We are frequently retained by other law firms to service the needs of their clients in this distinct practice area. Whatever channels you or your client use to bring your promotion to the public — whether local, national, or international in scope — our attorneys will work with you to ensure the structural integrity of the promotional campaign and its compliance with advertising disclosure, bonding and registration requirements (which vary from state to state).

We have worked on a wide range of campaigns, including:

• Network television station national contest which encouraged members of the public who were actively involved in serving their communities and have experienced recent economic hardship as a result of the current economic crisis in America, to tell their story (or the story of someone they know) and enter for a chance to win a prize. Entries were judged on the predefined criteria. $1,000,000 to be awarded though national and local promotions.
• Cable television provider contest in which entries consisted of parents and their children to submit an essay that described "How has technology changed how kids learn."
• Structured a reward program that provided purchasers of the company's products with points to be used to buy products.
• $1 million shot on goal at halftime for a major sports league All-Star game sponsored by a cable network.
• User-generated content promotions: for a major hospitality chain, for an online community in which members select the director and cast for a full-length feature movie, for a major New York City theatrical event.
• Register-to-win prizes to promote cable, phone and Internet services.
• Mobile marketing SMS and Premium SMS (PSMS) trivia promotions and sweepstakes promotions.
• Essay contests and recipe contests with pubic and professional judges.
• Fast 50 promotions for major national direct marketing company.
• Online promotion to convert mail participants to on-line customers.
• Trade-only prize promotions targeted at specific service.
• Interactive game promotions with instant win components along with drawings for major prizes.
• Multi-channel in-store and radio promotions for international retailer.

Think You Can't Afford Legal Help? Think Again

The Lustigman Firm offers clients the options of an hourly rate, a fixed project-based fee, or a retainer relationship. Whichever method you choose, you are guaranteed access to an experienced attorney who knows sweepstakes and promotions law inside and out.

With proper preparation up front you to help minimize the chance that you will end up in litigation. We assist clients with

• Structuring their promotion or contest, coordinating registration and bonding, and advising on alternative methods of entry, equal dignity and policies on privacy and data collection.
• Review of promotional marketing advertising copy.
• Drafting rules, disclosures, terms and conditions.
• Preparing winner affidavits, releases, prize fulfillment agreements, and submitting winners list to appropriate governmental entities.
• Handling legal issues relating to sponsorship and licensing contracts.

Defense Should a Problem Arise

We represent clients in regulatory investigations and lawsuits brought by the U.S. Postal Service (USPS), including cases resulting from the Deceptive Mail Prevention and Enforcement Act, as well as actions involving state attorneys general (NAAG), and the Federal Trade Commission (FTC) investigations, and private plaintiffs

For guidance on promotional marketing law, contact The Lustigman Firm at (888) 766-2506. We represent direct marketing and promotion clients in New York, New Jersey, and across the U.S. and Canada.

To learn more about promotions and contests

Legal Considerations For Promotions Involving User Generated Content

Marketing Law Basics