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Category: Administration & Compliance

How to Avoid Deceptive Advertising

In the context of sweepstakes, deceptive advertising occurs when a promotion uses misleading statements, omissions, or visual trickery to give a participant a false impression of their odds, the prize value, or the requirements to win. The Federal Trade Commission (FTC) and state Attorneys General monitor these closely. If a “reasonable consumer” would be misled by the advertisement, it is considered deceptive. Common Forms of Deceptive Advertising 1. The “False

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May 20, 2026

What is Equal Dignity in Sweepstakes?

In the world of sweepstakes, Equal Dignity (also known as the “Equal Dignity Rule”) is a legal principle ensuring that people who enter for free have the same chance of winning as those who pay. Because “paying to enter” a game of chance constitutes a lottery—which is illegal for private businesses to run—companies must provide an Alternative Method of Entry (AMOE). The Equal Dignity Rule dictates that this free entry

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May 20, 2026

What is a Potential Prize Winner?

In lawful and promotional contexts, a potential prize winner is someone whose entry has been selected in a contest or sweepstakes, but whose eligibility hasn’t been officially confirmed yet. Unlike how many onlookers have speculated on message boards that it seems to be a scammy term, rest assured, it is not (unless being used by a scammer, of course!). Think of it as a “pre-verification” stage. If you get a

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May 15, 2026

Best Practices for Running a Pet-Themed Promotion

When running a pet-themed promotion, you are tapping into a deeply emotional space. For many, pets are family members, and the stakes for health and safety are much higher than a standard giveaway. Here are the essential do’s and don’ts for a successful and ethical pet promotion: The Do’s: Focusing on Health and Safety DO prioritize safety standards. Ensure any physical prizes (toys, treats, or gear) meet rigorous safety certifications. Avoid

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April 30, 2026

Everybody’s Using Social for Everything! But Are They Really?!?

There’s basically no such thing as doing any type of marketing without social platforms being part of the grand plan. Their reach is undeniable. While social platforms are an integral part of today’s marketing landscape, each one of them has their own restrictions and rules to abide by, and they’re not always easy to figure out. Platforms such as Instagram & Facebook (Meta) specifically state that they will not provide

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April 22, 2026

Are Rules Drafted with the Help of AI Safe?

The question is… is it OK to rely on AI to draft rules, are they “safe” to use, are they “accurate,” are they “legally compliant?” I think we can agree that AI is fast and efficient. It is exciting to see your rules complete in just a few seconds – a huge windfall that you can produce a set of rules in a matter of minutes and the cost benefit

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April 21, 2026

Why Timelines Matter: The Quiet Force Behind a Successful Promotion

In the world of promotion marketing, most of the attention naturally gravitates toward the exciting elements, such as the creative/visuals, the prize, the social buzz, and that satisfying moment when a prize winner is confirmed. However, long before a promotion captures the public’s attention, something far less glamorous determines whether it will run smoothly or fall apart: the timeline. Timelines were never meant to steal the spotlight. In fact, they

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April 14, 2026

Data Privacy Framework (DPF)

In July 2023, the EU-U.S. Data Privacy Framework (DPF) was created to replace the invalidated Privacy Shield for enabling legal, secure data transfers from the EU to the US. Privacy Shield was the original mechanism established in an attempt to meet GDPR regulations, but it failed to meet all requirements. The end goal of these regulations is to protect individuals’ right to privacy, how their personal data is collected, processed,

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February 4, 2026

Sweepstakes Winners: W-9’s and 1099’s in 2026

Account Director, Cheryl Thornton provided updates for 2026 in this informative post on what sponsors need to know about filing and processing winner W-9’s and 1099’s for their promotions. There is an important update that all Sponsors of Promotion Games of Chance need to know concerning filing and processing winner W-9’s and 1099’s in 2026. Back in 2016 we posted an article on our website explaining how Sponsors offering and

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November 10, 2025

The Difference Between Sweepstakes and Contests

  The words “promotion,” “sweepstakes,” “contest,” and “giveaways” are sometimes used interchangeably. However, there are a few very distinct differences between sweepstakes and contests. To start, the word “promotion” can be used to describe many different marketing tactics including Sweepstakes, Contests, Instant Win Games, Continuity and Loyalty Programs. Two of the most common promotions are Sweepstakes (games of chance) and Contests (games of skill). The major difference between sweepstakes and

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May 2, 2025
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Recent Posts

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Promotion Laws by State

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How to Register a Sweepstakes in New York

How Do I Know if a Sweepstakes is Legitimate?

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  • Archives

How to Avoid Deceptive Advertising

In the context of sweepstakes, deceptive advertising occurs when a promotion uses misleading statements, omissions, or visual trickery to give

Read More

What is Equal Dignity in Sweepstakes?

In the world of sweepstakes, Equal Dignity (also known as the “Equal Dignity Rule”) is a legal principle ensuring that

Read More

What is a Potential Prize Winner?

In lawful and promotional contexts, a potential prize winner is someone whose entry has been selected in a contest or

Read More

Best Practices for Running a Pet-Themed Promotion

When running a pet-themed promotion, you are tapping into a deeply emotional space. For many, pets are family members, and

Read More

Everybody’s Using Social for Everything! But Are They Really?!?

There’s basically no such thing as doing any type of marketing without social platforms being part of the grand plan.

Read More

Are Rules Drafted with the Help of AI Safe?

The question is… is it OK to rely on AI to draft rules, are they “safe” to use, are they

Read More

Why Timelines Matter: The Quiet Force Behind a Successful Promotion

In the world of promotion marketing, most of the attention naturally gravitates toward the exciting elements, such as the creative/visuals,

Read More

Data Privacy Framework (DPF)

In July 2023, the EU-U.S. Data Privacy Framework (DPF) was created to replace the invalidated Privacy Shield for enabling legal,

Read More

Sweepstakes Winners: W-9’s and 1099’s in 2026

Account Director, Cheryl Thornton provided updates for 2026 in this informative post on what sponsors need to know about filing

Read More

The Difference Between Sweepstakes and Contests

  The words “promotion,” “sweepstakes,” “contest,” and “giveaways” are sometimes used interchangeably. However, there are a few very distinct differences

Read More
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Marden-Kane is one of the nation’s foremost promotional marketing service providers. For over 67 years, we’ve supported leading brands to create the best promotional experiences for their most valued customers.

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  • 575 Underhill Blvd. Suite 222
  • Syosset, NY 11791-3416
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