May 5, 2008
Associate Gonzalo Mon
, with the Advertising Law Practice Group, was quoted in a Mobile Marketer
article on the recent Georgia Supreme Court ruling that a text-to-win sweepstakes offered in conjunction with NBC's Deal or No Deal
television show did not violate state gambling laws. 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. The article summarized the court’s findings, and offered insight from Gonzalo on the importance of the decision to companies considering text-to-win promotions. The Georgia Supreme Court's decision is a clear victory for marketers that want to run text-to-win promotions; however, Gonzalo warns that although the issue may be settled in Georgia, there are still similar cases pending in other courts.