Posts Tagged: Promotion

The Bare Minimum (Big Suggestions For Little Promotions)

Client:             Do we need Official Rules for our sweepstakes?

Attorney:         Yes.

Client:             But we’re only running a one-day sweepstakes giving away a one-way bus ticket to Cleveland.

Attorney:         Sorry.

Client:             But we’re no Goliath.

In the sweepstakes world size doesn’t always matter.  (more…)

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Why Are Ad Men Called Mad Men? Is It Because They Can Get Sued?

We all know that the first ad agency was created by William Taylor in 1786 perhaps to help sell the recently invented threshing machine to those farmers sick and tired of separating

Recently, ad agencies have come under fire for a number of reasons:

Days ago, Uber sued its ad agency for fraud which involved ads placed on Breitbart News, which for some reason Uber wanted taken down.  Uber also claimed that the agency squandered tens of millions of dollars on “nonviewable” mobile ads – ads loaded on a website that had to be scrolled down to see. Let’s see how this turns out.  (more…)

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Age Doesn’t Matter Except When it Does

Marx once remarked, “Age is not a particularly interesting subject.  Anyone can get old. All you have to do is live long enough.”  Well, thanks Groucho, for that word of advice, but let’s look anyway into the importance of age in sweepstakes.

Minimum Ages

13 or older:

If the promotion is online and is directed to a child or will collect information from a child, it needs to be 13 or older, unless you want to comply with the requirements of the Children’s Online Privacy Protection Act (COPPA). (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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Guidance From Commercial Co-Venture Caselaw: A Unicorn of a Topic

There are not many court decisions concerning commercial co-ventures.  In fact, there are perhaps five.  This is far less than the number of decisions involving unicorns (seriously).  Nevertheless, these few court decisions provide some guidance on how a court may look at claims involving alleged violation of commercial co-venture laws.  Let’s take a look:

Attorney General v. Bach, 81 Mass. App. Ct. 1126 (2012):  Company sold tickets to a “show house” with proceeds to go to charity.  No contract with charity.  No registration (note: MA).  Show not a big hit.  Company went under.  Unknown if donation actually made.  Two years later, MA attorney general brought action against the owner personally.   Court found owner violated CCV laws.  Permanent injunction issued precluding owner from failing to comply with the act. (more…)

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