Legal
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
Content Moderation: A Requirement for Social Posts and Contests
Content moderation has made the headlines lately as social channels like Facebook and Twitter tried to deal with “fake news” stories and inappropriate content. There is a torrent of video and written content being produced and distributed through the various social platforms, and content moderators work around the clock, deciding what needs to be taken down and what can remain. But what about content moderation for your brand’s social channels, or for your sweepstakes and contests? The overwhelming volume of social interaction on most brand social channels may have us believe it is impossible to keep watch over it … Continue reading
5 Ways to Improve How You Run a Giveaway on Social Channels
Do you want to know how to run a giveaway on social channels, but are looking for how to do it legally and using best practices? Here are 5 things to consider when you run a giveaway. 1. Include rules. While a good many “giveaways” on social do not seem to have a legal set of rules, that doesn’t mean you don’t need them! Official rules are what protect you in court should anything go wrong and you need to defend yourself. A good set of rules will outline who can enter, how to enter, what the prizes will … Continue reading
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