Legal
Sweepstakes Void in Florida and New York
One question we hear frequently: Why are so many sweepstakes void in Florida and New York? The answer is simple: some states require registration and bonding. Many companies either don’t want to deal with that requirement, don’t want to spend the extra money, or they have run out of time to file. We have written other posts about the registration requirements for Florida, New York and Rhode Island, as well as how to bond your promotion, but do all sweepstakes really need all that? Here is a simple checklist to see if your promotion needs to be registered: Does … Continue reading
Running a Swiss Contest: Swiss-US Privacy Shield Required
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
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
Running a Puerto Rico Sweepstakes
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
Conducting a Background Check on a Winner — Is It Necessary?
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
20 Questions to Ask Before Hiring a Contest Vendor
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 Collusion?
Contest collusion is a term used in conjunction with scams or fraudulent promotions or promotion activity. Here is the definition of collusion. Contest collusion by a brand could occur if a contest is rigged by a sponsor so that winners are selected based on something other than actual entry criteria. Other examples might include not selecting a winner at random, or allowing people to enter and win who either work for or are related to people who work for the promotion sponsor. Contest collusion is not limited to brands though. Consumer contest collusion could also occur if a consumer, or group … Continue reading
Tips for First Time Sweepstakes Success
Is your company thinking of running a sweepstakes or contest for the first time? Here are some tips for sweepstakes success from the seasoned promotional marketing experts at Marden-Kane! Do one thing well, not ten things poorly… focus on one type of promotion, ensure marketing messages clearly communicate the call to action, create an easy to enter means of entry, and promote participation to meet the established goals. Beth, Account Executive Keep it simple and don’t set your goals too high. Make sure the theme of your promotion is relevant to your audience. Peggy, VP Make sure the prizes are … Continue reading
Run a Legal Giveaway
Trying to figure out how to run a legal giveaway? It’s easier than you think – or not, depending on where you are running your giveaway, who can enter, how you collect and use data, and what you are giving away. First, there are some basic things to know about the legalities of a giveaway. In the United States, a giveaway, or sweepstakes in legal terminology, is when you collect entries and then randomly select a winner. There are many other federal and state laws to be aware of as well, which may include bonding, state registration, and other … Continue reading
Commercial Co-Ventures, CCV Filing and Cause Related Marketing
A Commercial Co-Venture (CCV) occurs when a for-profit business and a non-profit organization make an arrangement for a donation or some percentage of profit from the business’ sales go to the charity. This type of cause related marketing is regulated in almost half of the states in the U.S., 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 that might govern the deal. If you are a business looking into cause marketing, or … Continue reading
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