Compliance
Put That Sweepstakes Data to Work
The primary reason our clients say they want to run a sweepstakes is to be able to put that sweepstakes data to work to find new potential clients and increase sales. A sweepstakes is a terrific way to achieve those goals! However, if you do not make sure you follow data privacy laws and consumer protection guidance, then that data you collect as part of a sweepstakes campaign can not be used to follow up with those clients. It might even get you fined or in a legal mess with the TCPA or the CCPA. To keep that from happening, … Continue reading
McMillion$ and the Importance of Instant Win Game Security
If you aren’t sure why instant win game security is that big of a deal, you might want to watch the new HBO docuseries called “McMillion$”. It details the strange, and almost unbelievable, true story of how an employee at a promotional marketing company called Simon Marketing, a former competitor of Marden-Kane’s, committed fraud in the McDonald’s Monopoly games between 1989 and 2001, bilking McDonald’s and their customers out of $24,000,000 in prizes. The first episode of a six-part HBO documentary series aired on Monday, February 3, 2020. When the story of the McDonald’s fraud case first broke in 2001, … Continue reading
No Purchase Necessary for Running a Sweepstakes
In the United States, No Purchase Necessary is a term associated with all sweepstakes. Legally, in order to run a sweepstakes you cannot require a purchase in order to enter. However, that doesn’t mean that you can’t ask entrants to make a purchase – it just means that anyone entering without purchase must have the same chance as someone entering with purchase. Here are two ways to use a sweepstakes to boost purchases and still meet the legal requirement for no purchase necessary: 1. Alternate Means of Entry: You can ask people to make a purchase in exchange for … Continue reading
The Most Visited Promotional Marketing Posts You Should Consult in 2020
These were the most visited promotional marketing posts by Marden-Kane from 2019. There were quite a few trending topics — like TikTok Contests, tying the Tokyo Olympics into your promotion, content moderation basics, and more! You might want to revisit them for your 2020 promotional marketing planning! 1. How to Run a Legal TikTok Contest or Sweepstakes TikTok does not currently have any posted contest guidelines, but that doesn’t mean that there are no rules. To keep your TikTok Contest or Sweepstakes legal you should adhere to these seven basic recommendations for running a promotion on a social platform. Continue … Continue reading
What You Need to Know About Using the Tokyo Olympics in Your Advertising and Promotion
The next Summer Olympic Games in Tokyo, Japan is now rescheduled for 2021. While the date may have changed, the rules for advertising and promotion using the Tokyo Olympics brand has not. Brands often want to capitalize on the Olympics by offering a promotion or campaign that ties into the Olympics theme, but should not do it. The U.S. Olympic Committee (USOC), in tandem with the International Olympic Committee (IOC) has already lined up sponsors of the games. If you are not a Worldwide Sponsor or a Tokyo Partner, Sponsor or Supplier, or a Team USA Sponsor or Licensee, or … Continue reading
Avoid Clickbait Tactics to Make Your Social Sweepstakes a Success
Take a look at your social feed right now. Look on any platform — Facebook, Twitter, Instagram, Youtube, Snapchat — and start scrolling. How long does it take for you to find a post or story or tweet running a “giveaway?” The “giveaway” is everywhere on social. Mommy bloggers, Instagram dogs, major brands, and influencers are all running giveaways. And while the chance to win some swag might be appealing to some, the giveaway sponsors need to avoid clickbait tactics as social platforms have had so many bad actors and fake giveaways that a legal social sweepstakes could get … Continue reading
Marijuana Marketing Making Us Dizzy and Confused
This post on marijuana marketing was contributed By Fae Savignano, EVP, Marden-Kane Digital. In the United States the use and possession of marijuana/cannabis is illegal under federal law for any purpose. However, the legalization of marijuana by U.S. jurisdiction (State law) is on a roll! As of this date, the medical use of marijuana (with a doctor’s recommendation) is legal in 33 states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts. Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, … 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
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