Posts Tagged: Advertising

The Super (oops) “Big Game” Sweepstakes Are Starting – Watch What You Say

“Game Time Gold”, “Ultimate Football Experience”, The “Big Game” Sweepstakes, the “Special Teams” Sweepstakes, and the “Big Game Giveaway” are just a few of the sweepstakes offered this football season to win a trip to Super Bowl 50, as well as the latest installment of the exercise in – how can I say Super Bowl without saying SUPER BOWL®.

Almost everyone knows that the NFL® holds the rights to, among other things, the NFL® team names, emblems, helmet designs, the NFL® shield, and the terms SUPER BOWL® and SUPER SUNDAY®. (In fact, the NFL® owns more than 100 registered trademarks and 9 that specifically include the term SUPER.) Does this mean that advertisers have to tenderfoot around the term SUPER BOWL® like a split end trying to stay inbounds on the way to the end zone? The legal answer may be no. (more…)

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What You Need to Know About Commercial Co-Ventures

Commercial co-ventures are a form of cause-related marketing that have proliferated in recent years. Commercial co-ventures between a company and a charity not only help charitable causes, but also tend to increase a company’s bottom line. Indeed, market studies have shown that most people will opt to purchase a product associated with a charitable cause over a competitor’s product. Commercial co-ventures are highly regulated, so carefully planning and must be taken to avoid any legal pitfalls.

What is a commercial co-venture?

Generally, a commercial co-venture is a charitable sales campaign where a brand advertises to the consumer that the brand will donate a portion of the purchase price to charity. (more…)

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What You Need to Know About Sweepstakes and Contests

Sweepstakes

A sweepstakes is a chance promotion where the winners are selected randomly, such as random drawings, giveaways, and instant win games.

There must be no purchase necessary to enter a sweepstakes. Entries with a purchase are permitted, but there must also be a free alternative method of entry for everyone, which provides for equal limitations, equal quantity, equal time and equal prizes. Free entry methods include online and mail-in. But watch out for any hidden costs. For example, text messaging is not a “free” method of entry, because of the possible message and data rates that may apply.

For promotions with prizes over $5000 there are registration and bonding requirements in New York and Florida. (more…)

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