What is contest indemnification and why do you need it? The dictionary definition of “indemnification” is defined as the noun for form of indemnify, and “indemnify” means that you compensate (someone) for harm or loss or secure (someone) against legal responsibility for their actions. In the contest world, indemnification can take two forms, prize indemnification and general contest indemnification. Prize indemnification is when you offer a large prize in your promotion, such as a million dollar cash prize, but the chances of someone actually winning it are very low because the bar is so high and the odds are … Continue reading
This post covering what information should be required for a sweepstakes entry was contributed by Cheryl Thornton, Account Director. We have written about data collection in a past article, but since this is a major concern for both Sponsors and consumers alike, we wanted to discuss the topic further. Before the recent issues of privacy concerns and new privacy regulations, the required standard information – also known as “PII”, or personally identifiable information – collected from consumers via an entry form or online registration form for entry into a Sweepstakes, consisted of first name, last name, street address, city, state, … Continue reading
Experiential Marketing is all about brands creating exciting or memorable experiences for their customer, or potential customers, in order to increase brand affinity. These experiences can be in the form of a limited mini-experience like a meet and greet or surprise freebie in-store, or part of a larger event such as a branded booth at a big sporting event, or even as a large event where the brand is the showcase. Experiences like meeting the band instead of just going to the show, or suiting up like a player and experiencing the game instead of watching it from home, … Continue reading
EVP Fae Savignano contributed this post on Official Rules vs Terms and Conditions. Promotional Marketing can be a key element in promoting your brand, product and/or service through various forms of on and off line publicity and advertising tactics. When executed properly, promotions can increase sales, brand awareness and consumer engagement. All of which are positive reinforcements why promotions are still and will always be a relevant marketing tool. The word “Promotion” has many aliases such as sweepstakes, instant win games, contests, giveaways, reward and loyalty programs, discount and premium offers, point-of-sale and merchandising limited offers, special BOGO offers, … Continue reading
Marden-Kane, Inc. became listed with the Swiss-U.S. Privacy Shield Framework on April 18, 2017, becoming the first promotional marketing company to meet Swiss-U.S. Privacy Shield requirements after applications were opened on April 12, 2017. The Swiss-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and the Swiss Administration to provide companies a way to comply with data protection requirements when transferring personal data from Switzerland to the United States. The Swiss Government announced the approval of the Swiss-U.S. Privacy Shield Framework in January of 2017. For more information you can go to the Swiss Federal Council or … Continue reading
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
Social contests and sweepstakes are currently the most popular tactic that we are seeing our clients use to increase brand awareness and reach. The Marden-Kane team has some strong ideas on what social platforms work, and which ones can cause headaches. We compiled this list of pros and cons to use when evaluating social platforms for your brand’s next social promotion. Remember: If you are thinking of running social contests or sweepstakes, be mindful when deciding which platform(s) to use, your call to action, and that you follow each platforms’ promotion guidelines. And as always, keep it legal by … Continue reading
Account Coordinator Lindsey McLaughlin contributed to this post to help us better understand how easy it is to run a Puerto Rico sweepstakes! Legal restrictions used to keep companies from running a sweepstakes in Puerto Rico. However, in 2009 Puerto Rico lifted their tedious sweepstakes requirements, which now makes it easier to include them when running a promotion. Here is what you need to know to make a Puerto Rico sweepstakes legal. Legal Review: Prior to 2009, any company that was contemplating including Puerto Rico in their instant win game had to build time into their approval process to … Continue reading
This week’s blog on running a background check was contributed by one of our Account Supervisors, Cheryl Thornton. From time to time the topic of running a background check on a winner is discussed with our clients. There are number of factors to consider before determining if a background check is applicable for a promotion. We guide our clients by asking what their goals or needs are, along with the nature and value of their prize or prizes. For example, if they include a meet and greet with a celebrity, an on-field experience at major sporting events, a million dollar … Continue reading
Before hiring a contest vendor you should ask lots of questions. Not all vendors are created equal. Some may be technically proficient but lack legal expertise. Some have the legal credentials but can’t build a web site or do registration and bonding. Here are twenty questions you should be asking before you select your contest vendor: How well do they know sweepstakes law and advertising and mobile? A top notch promotional marketing agency is well versed in national and international laws that pertain to promotions, sweepstakes and contests. They should also have legal representation and know social, mobile and … Continue reading
- What is Contest Indemnification?
- 10 Holiday Prize Ideas for Your Next Sweepstakes
- What Should Be Required for a Sweepstakes Entry?
- Win Experiential Marketing with Legal Giveaways
- Official Rules vs. Terms and Conditions: A Guide to Help You Choose Correctly!