Category: Administration & Compliance

The Horror Of It All

By Fae Savignano, EVP, Marden-Kane Digital Promotions – October 17, 2018 Every now and then everyone can appreciate a good horror story; but when it comes to promotions…there is no such thing as a Good Horror Story and Never Ever is when marketers want them to occur. “They know what you did last summer!” Promotions are heavily regulated by Government Agencies (FTC, FCC, FDA, and State’s AGs); Self-Regulatory Bodies (NAD,

October 29, 2018

Contest Laws by State

Before you run a promotion in the United States, you might want to check sweepstakes or contest laws by state. Some states have more vigorous laws regulating sweepstakes and contests and you can’t claim you didn’t know what you didn’t know after the fact – there may be big fines for non-compliance. Here is a sampling of states that have strict laws regarding promotions: Florida: In Florida you must

August 17, 2018

Taming Your #Sweeps with an Approved Instagram Tracker

Once upon a time, Instagram had no need for an Instagram tracker to gather your promotion entries. People did whatever they wanted because there were no promotion guidelines. It was like the wild, wild west in promotion land: no rules applied. Brands did whatever they wanted. Hashtags were untamed and unfiltered, and people wildly tagged anyone and everyone in their posts for fun. Until the law came to town

July 13, 2018

10 Questions to Ask Before Partnering with a Promotion Agency

A contest, sweepstakes, instant win game or other promotion concept may be a great way for your client to increase sales and build their branding efforts, but if you have never done a promotion before don’t try to do it alone. You will need an experienced, knowledgeable promotion marketing agency to partner with you to make sure you run a legal, compliant, successful promotion. But what should you look for

June 28, 2018

Can the Official Rules Be Changed After the Promotion Has Started?

Fae Savignano, EVP, wrote this post dealing with a questions we often get from our clients: Can the Official Rules be changed after the promotion has started? All promotions, such as contests, sweepstakes, instant win games, etc. must have an appropriate set of Official Rules that will govern the promotion. These “Official Rules” are referred to as the contract between the sponsor of the promotion and the entrant. And to

June 15, 2018

Why Asking Questions as Part of a Qualified Entry Sweepstakes is a Good Idea

Fae Savignano, our own EVP, explains what a qualified entry sweepstakes is, and why they could be a great part of your next brand promotion. A sweepstakes entrant may ask…Why do I need to respond to all of these extra questions just to enter a sweepstakes? Are they really required? Don’t they just need my name or email to process my entry? A sweepstakes sponsor may ask…Is it a

May 4, 2018

A Message to Our Clients About GDPR Compliance

UPDATED MAY 25, 2018 On May 25, 2018, the General Data Protection Regulation (GDPR) went into effect. Although the regulation is coming out of the European Union (EU), it has implications worldwide. This regulation replaced the 1995 Data Protection Directive and is intended to protect individuals’ right to privacy. This regulation impacts your business if you collect, process, or store information regarding residents of the European Union – and this includes

April 9, 2018

The Marden-Kane Most Read Posts of 2017

Here is a list of our top 2017 posts according to the following categories: GOOD TO KNOW: Criteria for Judging a Video Contest Marden-Kane has provided you with information about “Good Criteria for Judging a Contest” and a follow-up article on “Criteria for Judging a Photo Contest”, well what about Video Contests? Read more… What is a Surprise & Delight? A Surprise and Delight is a marketing tactic similar to

December 22, 2017

Planning a PyeongChang 2018 Olympics Promotion? Check The Guidelines First.

Update: See our updated guidelines for the Tokyo Summer Olympics. The next Winter Olympic Games will be in PyeongChang, South Korea, from Friday, February 9, 2018 to Sunday, February 25, 2018. This may seem like a great reason to run a promotion, but you might want to think again. The U.S. Olympic Committee (USOC), in tandem with the International Olympic Committee (IOC) have already lined up sponsors of the games.

November 27, 2017

What is Contest Indemnification?

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

November 10, 2017