April 30, 2008
Advertising Law Associate Gonzalo Mon
was quoted extensively in an Incentive
magazine article about a recent Georgia Supreme Court decision on mobile sweepstakes promotions. The article, titled "Georgia Supreme Court Delivers Victory to Sweepstakes Sponsors," details the recent court ruling that a text-to-win sweepstakes offered in conjunction with NBC’s Deal or No Deal
show did not violate state gambling laws. This decision is a clear victory for marketers interested in running text-to-win promotions. The lawsuit contended that the sweepstakes, which called for participants to pay a $0.99 fee in order to send a text for entry, violated Georgia’s state gambling laws; however, contest participants were also given the option of entering the sweepstakes free of charge through their website. Gonzalo offered commentary on the potential impact of this decision on similar lawsuits pending in other states and on the future of mobile sweepstakes.