Category: Consultation

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

April 14, 2017

Social Contests and Sweepstakes: Favorite (and Least Favorite) Platforms to Use

Social contests and sweepstakes are currently the most popular tactic that we are seeing our clients use to increase brand awareness and reach. The Marden-Kane team has some strong ideas on what social platforms work, and which ones can cause headaches. We compiled this list of pros and cons to use when evaluating social platforms for your brand’s next social promotion. Remember: If you are thinking of running social contests

April 4, 2017

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

March 31, 2017

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

March 24, 2017

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 website 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

March 10, 2017

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

January 27, 2017

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

September 30, 2016

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

September 23, 2016

Online vs Offline Contests: Which One Is Better for Your Brand?

Online vs offline contests and sweepstakes — what are the differences, and which is best? The good news is as long as all legal requirements are met, your brand can run either successfully! Entries can be collected online using a web form or offline on printed entry forms that can be mailed in or collected in stores. Instant wins can be done with an online virtual scratch-off or animated “play

September 13, 2016

Are Promotional Products Still Relevant?

Stacey Novick, former Account Executive, contributed this post on promotional products. The $22 billion promotion industry is constantly changing to keep up with current consumer trends and the types of promotional products, whether premiums, branded merchandise or custom logo apparel, are also changing. Knowing that social media, gaining followers or having a commercial go viral are probably forefront on your mind, we want to provide you with some information on

July 14, 2016