Promotions
 
Kelley Drye has one of the leading promotions law practices in the United States with experience handling some of the most ambitious promotions ever staged in this country. Clients ranging from start-ups to Fortune 500 companies look to the firm for guidance in structuring and running sweepstakes, contests, charitable campaigns, gift card programs and a variety of other incentives. The firm also drafts and negotiates promotion, endorsement and sponsorship agreements for clients. From the moment you envision a promotion, Kelley Drye can work with you to accomplish your goals in ways that comply with applicable laws while offering optimal protection against legal or regulatory challenges. If, despite your best efforts, a promotion does not perform as planned, the Kelley Drye team can help you negotiate successfully with consumers, regulators and other parties to minimize liability for errors.

Kelley Drye’s promotions team has experience in:
  • Sweepstakes and Contests – Kelley Drye has worked on some of the largest sweepstakes and contests in the U.S., including various instant-win promotions that have been offered in conjunction with the release of major motion pictures and contests in which consumers were asked to create commercials and other videos. We draft rules, review advertisements, advise on implementation, and negotiate agreements with promotional partners. The firm also works with its international network of lawyers to assist clients with international promotions.

  • Gift Cards and Other Incentives – Our attorneys help clients structure gift card programs that comply with a growing patchwork of state regulations. Kelley Drye has worked with companies ranging from major retailers to quick-service restaurants, helping them comply with statutes regulating expiration dates, dormancy fees, cash redemption provisions, disclosure requirements and escheat laws. The team also assists with structuring a variety of other incentives, including rebates, coupons and loyalty programs.

  • Charitable Promotions – We help for-profit companies run promotions in which part of sales proceeds are donated to a charity. The team has handled high-profile charitable promotions for companies such as Nike and Converse, counseling on the promotion’s structure and advertisements, negotiating agreements with the charities involved in the promotions, and assisting clients in registering the promotions in various states. With the help of the firm’s international network of lawyers, the team has helped clients clear charitable promotions across three continents.

  • Sponsorships and Other Agreements – Kelley Drye attorneys draft and negotiate sponsorship, promotion, endorsement, talent and related agreements for clients. In the area of sponsorships, Kelley Drye has helped clients negotiate agreements with concert and event promoters, athletes, teams and leagues. And we have helped draft and negotiate agreements for clients that have played various roles in promotions, including sponsors, prize providers and promotions agencies.
Many of our successes have involved the co-branding and joint marketing of enhanced services that manufacturers and service providers want to provide to their subscribers, customers or partners. These arrangements present novel challenges for manufacturers and service providers, especially in the areas of customer care and assistance, service level guarantees, indemnification for service failures and other factors.

Experience
  • Assisted a leading quick-service restaurant in structuring and advertising various instant-win games offered in conjunction with the release of major motion pictures. As part of these projects, we assisted in drafting the official rules, reviewed all advertisements, helped obtain rights to movie content and negotiated agreements with various prize providers.

  • Assisted various clients with contests involving consumer-generated content, including contests where consumers were invited to create commercials, develop software and even design sneakers. We drafted rules for the promotions, helped protect our clients from problematic content, and secured rights to the winning submissions.

  • Assisted various clients in designing sweepstakes that allow consumers to enter by sending text messages via their mobile phones. We helped these clients structure the promotions in such a way as to avoid the lawsuits that have recently plagued other companies that have offered text-to-win sweepstakes.

  • Advised Converse regarding their role in promotions for the (RED)™ Campaign, in which a portion of proceeds from the sale of certain products are donated to The Global Fund to Fight AIDS, tuberculosis and malaria.

  • Counseled Nike regarding its role in charitable promotions, including the sale of LIVESTRONG® bracelets and specially marked clothing to benefit the Lance Armstrong Foundation.

  • Assisted 3M in a promotion to benefit The Susan G. Komen Breast Cancer Foundation.

  • Assisted a client during a six-month review of its creative and media advertising agency relationships by helping to review more than a dozen proposals from leading agencies, participating in negotiations with the successful bidders, and drafting the new creative and media agency agreements, which contained cutting-edge performance-based compensation and review provisions.
Contacts:

David J. Ervin
(202) 342-8436
dervin@kelleydrye.com

Gonzalo E. Mon
(202) 342-8576
gmon@kelleydrye.com

Back to: Advertising and Marketing

^ top
Attorneys and Professionals
News
Publications
Events
Client Advisories