The Nuts and Bolts of Structuring and Promoting a Lawful Sweepstakes

Andrew Lustigman | Olshan Frome Wolosky LLP

Andrew Lustigman is the Chair of Olshan’s Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group. He represents marketers, advertisers, media, e-commerce companies in connection with the legal aspects of their advertising and promotional marketing business, including clearance of advertising and social media marketing, sweepstakes, games of skill, and other contests, and advises on intellectual property issues, and privacy matters. An equally significant portion of his practice involves investigations and litigation brought by regulatory agencies regarding national advertising campaigns, as well as litigating competitor actions and defending private consumer individual and class action lawsuits.

With over 30 years’ experience in advertising law, Andy regularly appears on television, radio, and in publications such as The Wall Street Journal, National Law Journal, New York Post, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, Luxury Daily, and Response discussing important new cases and trends that advertisers and marketers need to know. Andy has been consistently recognized by Chambers USA, Legal 500 U.S. as a “Leading Lawyer” in Advertising and Marketing, selected by his peers for inclusion in The Best Lawyers in America for his distinguished work in Advertising, as well as Super Lawyers– a Thomson Reuters lawyer rating service. Andy graduated, magna cum laude, from American University, Washington College of Law in 1991 and is admitted to the New York and New Jersey State Bars.

Morgan E. Spina | Olshan Frome Wolosky LLP

As an associate at Olshan, Morgan E. Spina participates in various advertising, branding and intellectual property matters.

Morgan is a part of Olshan’s Brand Management and Protection practice and participates in all facets of the firm’s brand management, including privacy, advertising, and intellectual property matters. She received her LL.M. from Brooklyn Law School and holds a B.A., with Distinction, in History and English Literature and a LL.B from University of Wollongong in Australia.

Morgan assists in advising clients in order to help clients build, maintain, promote, and protect their brands. Morgan’s work includes the structuring of sweepstakes and games of skill, clearance of advertising and marketing materials, privacy, trademark enforcement, all types of intellectual property and advertising agreements, and federal and state government regulatory investigations. Morgan has published articles in connection with advertising, privacy, and intellectual property law.

I. What are the concerns with “consideration” and how to address | 2:00pm – 2:20pm

II. Why bespoke rules are important and key provisions that should be incorporated when preparing | 2:20pm – 2:40pm

III. How to promote a sweepstakes on Instagram, TikTok, and other social media platforms | 2:40pm – 3:00pm