Posts Tagged: Promotions

What’s the Straight Dope on Marijuana Promotions?

Prop 215 was enacted in California twenty-two years today on November 5, 1996.  This law was the first of its kind in the U.S. to legalize medical marijuana use.  Since then 30 states have approved medical marijuana use and 9 have legalized recreational marijuana.  Maybe a long timing coming (for those who like to toke) given that Herodotus first recorded the Scythians inhaling the smoke from smoldering cannabis seeds and flowers to get high in the Fourth Century B.C.E.

We now have over half the country dishing out dope and creating a gigantic ganga industry.  Legal marijuana sales in North America were almost $10 billion (with a B) in 2017 and are expected to grow to almost $25 billion (still with a B) by 2021.  But we still don’t have a real clear landscape on advertising and in particular sweepstakes and contests in the marijuana industry. (more…)

Please follow and like us:

Dilly! Dilly! Is Giving Away Free Beer so Silly?

Every beer drinking football fan in Cleveland knows by now that there will be magic beer fridges stationed throughout Cleveland that will miraculously open to produce bottles of free Bud Light if the football gods see fit to allow the Browns to win a football game this year.

At first glance, I pictured the regulatory referees throwing yellow flags across the field decreeing a penalty for violating beer promotion laws. But as a curious promotions lawyer, I thought it was worth a little investigation into trying to find out how a stunt akin to the Fumblerooski can be successfully pulled off. (more…)

Please follow and like us:

IGTV – Instagram’s New YouTube

Online videos are powerful marketing tools. We’ve all been there when you watch one video on your phone and suddenly realize you’ve wasted hours watching clips of a dog skateboarding, a step-by-step tutorial on making a unicorn cake, and your favorite celebrity’s appearance on a talk show.  While video content remains popular on YouTube, Instagram users are only able to share one minute of video content with their followers – until now. (more…)

Please follow and like us:

Don’t Tax My Bobblehead! Sales Tax on Promotional Items

Bobblehead: “A figurine with a disproportionately large head mounted on a spring so that it bobs up and down, often made as a caricature of a famous person.”

Giveaway: “A thing that is given free, especially for promotional purposes.”

Sales tax: “The portion of the purchase price typically forgotten about.  Generally seen in price advertising as ‘+ tax’.”

On June 13, 2018, the Ohio Supreme Court heard oral arguments in the case, Cincinnati Reds, LLC v. Testa, Ohio, No. 2017-854.  The issue: Should the Reds incur sales tax on the bobbleheads they give away at a ballgame?  Two things are certain in life: baseball and taxes.  While the bobblehead may be particular to sports figures, the implications of this Ohio case could affect the budgeting figures for any company that gives away trinkets for promotional purposes. (more…)

Please follow and like us:

Things That Make You Go Hmmmm

Commercial Co-Ventures and Sweepstakes Promotions

Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….”  I guess I did when I came across some recent promotions.  Perhaps these practice tips will stay with you longer than C+C’s 15 minutes of fame.

Bar Exam Sweepstakes

The set up:  Most young lawyers-to-be are weighed down with tremendous debt after three years of law school, but they have the hope that by shelling out another $250 they’ll get that big Wall Street job to wash away their money problems while creating new emotional ones.  This summer, a personal injury law firm (which I won’t name) currently has a sweepstakes running where a new law grad can enter to win his/her bar exam fee. (more…)

Please follow and like us: