Posts Tagged: Contests

The 2018 Most Interesting Super Contests for the Super Bowl

The noted football lover, Karl Lagerfeld, once said, “Clear thinking at the wrong moment can stifle creativity.”  (This coming from a man who has dressed in the same outfit for 50 years.)  This year, the marketers have thrown away the playbooks, sidestepped clear thinking and used Bill Belichik-like creativity to come up with some fun promotional contests for Super Bowl Sunday:

Get Your Hands Off My Car. Not since the days of Otto Graham have kids flocked around a car with their hands firmly planted hoping to make it into overtime and win that precious hotrod. Mercedes-Benz has updated this contest for the 21st century. (more…)

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What Prizes Can/Can’t Be Given Away

Some things you may not be able to give as prizes:

– Smokes (MA, MI, VA)
– Gas (NJ, VA)
– Beer (many states)
– Milk (restricted in a number of states)
– iPad (formerly)
– Yankees tickets (because they may contain a no-transfer provision)
– Puppies (most states)

(more…)

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Sweepstakes Rules: How Much Is Too Much?

William J. Shakespeare recognized over more than 400 years ago in As You Like It that, “Excess may do you harm.”  This may still hold true today for sweepstakes and contest Official Rules.

The internet has allowed Official Rules to be as long as a lawyer’s imagination.  But don’t shoot yourself in the foot when you try to bulletproof your rules.   Boilerplate language, “take it or leave” contracts and heavy-handed, one-sided provisions could be unconscionable and unenforceable.  According to the New York Court of Appeals, “unconscionability … requires some showing of ‘an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.’” State v. Avco Fin. Servs. of N.Y., 50 N.Y.2d 383 (1980).  Sounds like Official Rules.

Context is important. (more…)

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You Can’t Do That (Strange But True Illegal Contests)

We all know that promotions involving such things as dairy, gasoline, and cigarettes are illegal in some states, but if you dig a little deeper, you’ll learn that a red flag should go off if, for instance, a sponsor wants to run a dance marathon/kissing contest next Valentine’s Day.  Below is a list of (mostly) useless, but I hope, amusing state laws restricting certain contests.

California:  No frog-jumping contests.  Calif. Fish & Game Code, §6883.  Actually, frog-jumping contests are o.k., as long as Kermit isn’t eaten if he dies during the competition.  (I’m serious.)  To be safe, I’d recommend the conservative approach and simply avoid this contest in California, because you just never know. (more…)

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Liability For Inherently Dangerous Contests (How Many Nathan’s Famous Are Too Many)

It’s fun to watch Joey Chestnut race to scarf down 72 hot dogs in 10 minutes on the 4th of July, isn’t it?  At least the thousands of fans who packed the Coney Island boardwalk and over 1 million television viewers think so.  To a person, weren’t we all thinking, isn’t that dangerous?  Contest promoters may have been thinking, can we do something like this?  Just remember, fools rush in where angels fear to tread.

Very, very unfortunately, people die or get seriously injured from dangerous activity encouraged by skill contests.  Just this year a student at Sacred Heart University died a few days after participating in a charity pie eating contest and days later a man died during a donut eating contest.  And the list goes on. (more…)

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How About Some Updates?

You may or may not have heard of some recent developments in the promotion world.  If you haven’t, great, let me be the first to tell you.  If you have, my update is better.

Endorsements/Influencers

Back in the 1940s, a sociologist named Paul Lazerfield introduced the psychology behind the efficacy of influencers with his theory called “two-step flow of communication,” finding that ideas flow from mass media to “opinion leaders” who distill and pass along information to “opinion followers” with more limited knowledge. Today, this two-step “flow” of communication has become a deluge.  As a result, the FTC and social media sites are taking pains to corral it.

Instagram posted in June a “Why Transparency Matters” blog introducing its upcoming “Paid partnership with” tag for posts and stories.  Is it required?  We don’t know.  Instagram promises to release an official policy on enforcement “in the upcoming months.” (more…)

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