Legal
Post-Pandemic Prize Considerations
Things are starting to get back to “normal” as vaccination rates rise and offices reopen at full capacity. Businesses want to get “back to normal,” but what will that look like? And what will your customers’ level of tolerance be for a post-pandemic prize that is awarded as part of a sweepstakes or contest? The types of prizes most coveted by winners may not have changed, but the form or method of delivery they want them in might have. Travel Prizes In the post-pandemic world, while people are anxious to get back to travelling, they may still prefer to be … Continue reading
5 Ways to Run a Flawless Beauty Pageant
Beauty lies in the eye of the beholder, making any kind of beauty pageant subjective. It then follows that if you are having a beauty pageant, you must look at it as a contest, and in most parts of the world that means you will also need to have Official Rules for your contest, and predetermined criteria within those rules. If you want to run a beauty pageant here are some things to consider as you develop those rules to keep your contest legal! 1. Post Clear Entry Parameters In your rules, you will need to include clear details on … Continue reading
Run a Legal Pay to Play Sweepstakes
The newest promotion trend is to run a pay to play sweepstakes where you can earn entries with purchase. For many e-commerce providers, a sweepstakes with the chance at winning a high value prize can be used to boost sales or donations. Every dollar spent can earn an entry into the sweepstakes, and bonus entries can be earned for purchasing certain products or making a purchase at a certain time. In the United States there are laws, however, that make this type of promotion illegal unless you follow some simple guidelines. Here are three things to do to ensure you … Continue reading
COVID-19 Relief and CCV Programs
Throughout 2020 and into 2021, Marden-Kane has helped clients and non-profits work together for COVID-19 relief in their communities with commercial co-venture programs, also called “CCV Programs.” A CCV program is when a business partners with a non-profit organization to make donations of money, goods, events, products or services to benefit the non-profit’s cause. This type of cause-related marketing is regulated in many U.S. states, and may require that the business complete some sort of CCV filing or registration in the state(s) where the transaction is taking place. This is in addition to any federal, state, or local promotion laws. … Continue reading
Federal Lottery Laws Explained
According to Federal Lottery Laws, it is illegal to operate a lottery through the mail or over the telephone. Let’s begin by explaining what a lottery is…A lottery is generally defined as a promotion in which all three of the following elements are present: prize, chance and consideration (otherwise known as, the “Standard Lottery Rule”). Most states follow this Standard Lottery Rule; and all 50 states and the District of Columbia have statutes that prohibit lotteries, except those that are state-run. To avoid being classified as an illegal lottery in any State, at least one of the elements noted above … Continue reading
Mexico Sweepstakes Basics
Are you thinking of running a sweepstakes in Mexico? If the answer is yes, then you should note that the Mexico sweepstakes laws and regulations regarding promotions (e.g., games of chance and/or contests of skill) differ from US law and other countries. We compiled a list of frequently asked questions we typically receive regarding promotions in Mexico that should provide you with some general information during your planning stages. Is it permissible to run a game of chance in Mexico? Yes, as long as the sweepstakes and/or instant win games meet certain requirements. Contact us so we can review your … 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
Sweepstakes Rules Generator vs Custom Sweepstakes Rules
The allure of a sweepstakes rules generator is that you can create a set of sweepstakes rules for less money and less time. In fact, back in the day, Marden-Kane had an online sweepstakes rules generator of our own. Clients at that time could easily and cost-effectively create their own sweepstakes rules without legal fees or lengthy review times. The reality, however, was that most of our clients actually needed a custom solution. They would generate the rules and then realize that significant changes would need to be made. And while custom changes are always possible, if you don’t … 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
How to Spot a Sweepstakes Scam
A sweepstakes scam, or poorly run promotion, gives legitimate sweepstakes agencies and promotional marketing companies a bad name. Know what to look for to spot a sweepstakes scam, or a company that runs them. Here is a list of things to look for in a sweepstakes, or game of chance, that you should avoid, or at least be cautious of: 1. Super low odds: Any sweepstakes where there will be millions of entries but only one winner may be a waste of your time. Think of the lottery – many will play and one will win – but if the … Continue reading
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Recent Articles
- Celebrating 20 Years with Marden-Kane Account Director Cheryl Thornton
- Post-Pandemic Prize Considerations
- Create a Successful Loyalty Program
- 5 Ways to Run a Flawless Beauty Pageant
- Instagram Giveaway Ideas
