Posts Tagged: Advertising

FTC Addresses Nativ(ity) Advertising Just in Time For Xmas

On Tuesday, the FTC issued an Enforcement Policy Statement on Deceptively Formatted Advertisements — a/k/a “native advertising”, along with guidelines for businesses. Simply put, native advertising is generally advertising that takes the form and style of the platform in which it appears in order to promote a product. Think of a BuzzFeed quiz on “5 Random Questions To Determine What Type of Sandwich You’d Be if You Were Reincarnated” that just happens to be sponsored by Subway.

In general, the FTC wants to make sure that consumers know that advertisements and promotional messages are just that, and do not imply or suggest that they’re independent, impartial, or from a source other than the sponsoring advertiser. The FTC’s expressed watchword is transparency.

Best practices include: (more…)

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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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