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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, Converse, and Dell, 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.
Representative Experience
- Assisted a leading travel company in running the largest Facebook promotion in history, including 13 trips and over $1 million in prizes. Drafted rules for the promotion, coordinated with counsel in the UK and Canada, and drafted agreements with prize providers.
- 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.
- 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.
- Advised a footwear retailer 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 a Fortune 500 athletic equipment and apparel
manufacturer regarding its role in charitable promotions, including the
sale of LIVESTRONG® bracelets and specially marked clothing to benefit
the Lance Armstrong Foundation.
- Assisted a diversified consumer products company in a promotion to benefit The Susan G. Komen Breast Cancer Foundation.
- Assisted a Fortune 500 athletic equipment and apparel manufacturer in structuring and advertising a promotion in which a portion of the proceeds from specially-marked products go to ninemillion.org., a global campaign founded by the United Nations High Commissioner for Refugees (UNHCR) to bring education and sport programs to the world's refugee youth.
- Counseled a paint manufacturer in structuring a commercial co-venture with American Forests.
- Assisted a subscription movie rental service provider in structuring and advertising a promotion to benefit Feeding America.
