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A Message to Our Clients About GDPR Compliance
UPDATED MAY 25, 2018 On May 25, 2018, the General Data Protection Regulation (GDPR) went into effect. Although the regulation is coming out of the European Union (EU), it has implications worldwide. This regulation replaced the 1995 Data Protection Directive and is intended to protect individuals’ right to privacy. This regulation impacts your business if you collect, process, or store information regarding residents of the European Union – and this includes residents even if they are outside the EU. Marden-Kane’s core focus is the administration and management of sweepstakes, contests and instant win game promotions both domestically and internationally. We understand … Continue reading
TCPA Compliance: What it Means for Promotional Marketers
Beginning October 16, 2013, prior express written consent is now required for all autodialed and/or pre-recorded calls or texts sent or made to cell phones and pre-recorded calls made to residential land lines for marketing purposes. As Marden-Kane reported last year, it may be all too easy to get in trouble if you use data collected in a prior promotional campaign. If you plan on using any phone numbers that were collected in a sweepstakes or other promotion, make sure the disclaimers that were available to the consumer at the time of collection clearly inform the consumer that you would be … Continue reading
Legal Compliance Guidelines for Online Sweepstakes and Contests
Online contests and sweepstakes can be very effective tools to create buzz and generate interest in products and brands. Contests tend to increase web traffic, creating a positive sales effect. Laws and regulations are in place governing Internet marketing, enabling businesses to conduct contests and sweepstakes fairly and correctly. In addition, potential liability issues are mitigated when contests and sweepstakes are held in accordance with these pertinent rules and regulations. Below are some important legal aspects to consider when conducting an online sweepstake or contest. Continue reading
Sweepstakes Email Opt-in Best Practices
The primary purpose of many sweepstakes is to build a brand’s mailing list; having a valid email opt-in on the sweepstakes registration page is imperative to the success of the promotion. If you fail to use best practices when setting up your opt-in, then your ability to email users for the purposes you had in mind may be at risk. Here are 3 things to keep in mind when crafting an email opt-in for your next sweepstakes or contest. 1. Provide full disclosure. Providing clear disclosure of everything you will be using a consumer’s email address, or phone number, … Continue reading
3 New Year’s Resolutions for a Better Promotional Marketing Plan
As the year winds down, it’s that time again when people start thinking about setting resolutions to make the coming year better than the last one. And while it’s usually personal resolutions that make the headlines, like joining a gym or eating less takeout, it’s also a good time to make some resolutions for your business. This year, why not think about incorporating some simple actions to take your brand awareness and engagement up a notch by making some resolutions for a better promotional marketing plan? Some of you may be asking what exactly that means – and what … Continue reading
Top 5 Marketing Posts 2018
Here they are! They yearly top 5 marketing posts on the Marden-Kane blog from 2018. If you haven’t read them all, what are you waiting for? 2018 #1: Contest Laws by State Before you run a promotion in the United States, you might want to check sweepstakes or contest laws by state. Some states have more vigorous laws regulating sweepstakes and contests and you can’t claim you didn’t know what you didn’t know after the fact – there may be big fines for non-compliance. Continue reading → 2018 #2: A Message to Our Clients About GDPR Compliance On … Continue reading
The Horror Of It All
By Fae Savignano, EVP, Marden-Kane Digital Promotions – October 17, 2018 Every now and then everyone can appreciate a good horror story; but when it comes to promotions…there is no such thing as a Good Horror Story and Never Ever is when marketers want them to occur. “They know what you did last summer!” Promotions are heavily regulated by Government Agencies (FTC, FCC, FDA, and State’s AGs); Self-Regulatory Bodies (NAD, DAA, CARU, DMA); Competitors and Consumers alike. Everyone is watching, so take heed of the promotion guidelines available to avoid the nightmares that can unfold. You can find the complete … Continue reading
Contest Laws by State
Before you run a promotion in the United States, you might want to check sweepstakes or contest laws by state. Some states have more vigorous laws regulating sweepstakes and contests and you can’t claim you didn’t know what you didn’t know after the fact – there may be big fines for non-compliance. Here is a sampling of states that have strict laws regarding promotions: Florida: In Florida you must register and bond any sweepstakes where a cumulative total of prizes is over $5,000 and the winners are determined by chance in a random drawing. This must be done at … Continue reading
Promotional Marketing Predictions for 2018
It’s time to see how we fared on our promotional marketing predictions for 2017, and to make our 2018 predictions. For 2017 here is what we predicted for promotional marketing: 1. Social sweepstakes and contests will become the primary method of entry over online web forms. Results: In 2017 we did almost the same number of social sweepstakes and contests as we did traditional web-based sweepstakes and contests. In 2016 we did less than a third the amount of social versus traditional. Social contests and sweepstakes are a cost effective, fast to market alternative that companies on a budget … Continue reading
Regulated Industries and Sweepstakes
Some regulated industries require special disclosures and/or have special legal requirements for running sweepstakes. These regulated industries include alcohol, tobacco, gasoline, firearms, dairy, banking, pharmaceuticals, and cause-related marketing. It is absolutely essential to know the laws of these industries, or partner with a promotional marketing firm who works with legal counsel who is familiar with these laws, before undertaking a contest or sweepstakes. Here are some basics to be aware of, but this is by no means an exhaustive list. Alcohol “Void in California” used to be fairly common for alcohol-related sweepstakes because California law formerly banned sweepstakes and … Continue reading
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