Best & Flanagan


Intellectual Property: Sweepstakes & Promotions

Best & Flanagan represents businesses involved in promotional sweepstakes, loyalty programs and contests. We strive to keep sweepstakes and contest language both clear and concise, as well as to comply with the rules, regulations and state and federal laws that apply to this unique and specialized segment of marketing and sales.

We advise on such issues as campaign development and contest structure. Shielding our clients from potential regulatory scrutiny and/or consumer claims of unfair competition and deceptive trade practices is an important aspect of our representation in this area. Our team is involved in virtually every aspect of designing and launching marketing sweepstakes and promotions, ranging from structuring the promotion and drafting the rules; to registration and bonding; to advertising analysis and review; to promotion fulfillment; to privacy and other regulatory matters.

The mainstream use of social media has heightened the complexity of executing sweepstakes-related marketing programs. Consumers can “win” by following an organization on Twitter or Instagram, or by pinning and liking them on Pinterest or Facebook. Although social media presents extraordinary opportunities for businesses seeking to expand their brand recognition, such initiatives often require more complex specifications and complicated compliance requirements.

In addition, contest and sweepstakes law can vary from state to state. Our lawyers are experienced in designing sweepstakes that span multiple states, across the nation and abroad. We have overcome the significant challenges of developing acceptable rules beyond Minnesota state lines.

We also represent individuals who desire to sell or auction off sporting or entertainment tickets or opportunities, as well as any other variety of commercial promotional endeavor that is not considered a sweepstakes or contest.