Posts Tagged: Social Media

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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No Room at the Inn (For Bad Reviews)

It’s story time here at youwmightbeawinner.  Young Aaron from Portland, Maine writes, “Mr. Blogger, what do you have to say about the tale of the Innkeeper who had no room for guests writing bad reviews?”  My child I’d say that this Innkeeper was living in Christmas Past where harsh penalties for harsh reviews were common.  Listen here to the lessons that can be learned, when a store, brand or company is online spurned. (more…)

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Some Common Sweepstakes and Contests Questions Answered

Our teachers have told us that there’s no such thing as a bad question.  In that light, I’ve come up with 11 common (simple) questions about running a sweepstakes or contest.  And to prove that there are no bad questions, I’ve also gone ahead and answered them.  Enjoy!

Social Media

Q:        Can we require an entrant to share the sweepstakes on a friend’s timeline to get additional entries?

A:        No.  Stay away from personal timelines on Facebook.

Practice tip: You can ask an entrant to share the sweepstakes link with a friend to allow the friend to enter separately.

Q:        Can we ask an entrant to tweet, retweet, follow a Twitter user, or post an update? (more…)

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Hey That’s Me Drinking That Beer! UGC Rights at Issue in Beer/Photo Lawsuit

Kayla Kraft (no known relation to the cheese people) found herself on a Natural Light coaster with a fake handlebar mustache drinking a beer under the heading “Every Natty Has a Story.”  She apparently didn’t like that story and just sued Anheuser-Busch, the makers of Natural Light beer, for copyright infringement and invasion of privacy.

According to the complaint, in 2013 Kraft’s friend Kathyrn Belasco snapped the mustachioed photo of her using Kraft’s phone.  Kraft then posted the photo on Facebook.  Three years later, Belasco assigned all of her rights to the photo to Kraft.

News reports say that the photo was submitted to Natural Light’s Facebook page as part of the “Natty Rewards” contest run in 2014 by Anheuser-Busch where contestants were asked to submit a photo of themselves “acting natural.”  (Unknown whether drinking beer with a fake mustache was Ms. Kraft’s natural state.)  Rules are here. The Rules provide that photos submitted are the original work of the entrant and do not infringe upon anyone’s copyright or publicity rights.  The Rules also grant Anheuser-Busch a license to use the photo in any and all media for any purpose.  Basically, the Rules say everything that’s typical for a UGC contest.

The Complaint doesn’t mention the contest, but does allege that the photo has been used as part of Natural Light’s “Every Natty Has a Story” campaign without Kraft’s or Belasco’s consent.  Anheuser-Busch has not yet answered the Complaint.

Assuming the photo was submitted as part of the contest, this lawsuit raises a number of interesting issues.

(more…)

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Let’s Review Some Tricky Commercial Co-Venture Issues

From a quick Google search I see articles citing “at least 22” states have commercial co-venture laws; “over 30 states have laws governing commercial co-ventures”; “currently 27 states define ‘commercial co-venturer’ in their solicitation laws”; “about 20 states” have commercial co-venture laws.  You get the point.  This can be a tricky area of the law.  For the record, 23 states have specific statutes pertaining to commercial co-ventures/venturers and additionally, the Illinois “charitable trust” statutes would apply to commercial co-venturers.

Many of these commercial co-venture statutes are uniform in their definitions and applicability.  However, there are always grey areas where the practical doesn’t always fit with the statutory.  I’d like to review a few of these areas with questions frequently posed:

If we only ask consumers to “like” our Facebook page to trigger a donation to charity is that a commercial co-venture?

Perhaps in some states.  The vast majority of state statutes expressly require a purchase to trigger a donation.  But a few states (AL, MA and MS) have statutes drafted which could encompass non-purchase solicitations.  By their terms, these states’ laws would apply whenever a company “conducts, promotes, underwrites, or sponsors a sale, performance or event of any kind which is advertised and which will benefit to any extent a charity.”  See AL Code § 13A-9-70(A); Mass. L. ch. 68, § 18; Miss. Admin. Code 1-15-1.01. (more…)

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Should Influencers Influence Cause Marketing?

To use or not to use a popular marketing tool?  That is the question.  Shakespeare, himself, opted for a popular marketing tool when he cast the famous tragedian, Richard Burbage, for the part of Hamlet.  This was probably a good idea, since according to Wikipedia, the play “has been performed many times since the beginning of the 17th century.”

Engage for Good recently posted “Statistics Every Cause Marketer Should Know.”  The numbers confirm that cause marketing is big, popular, and works.

What studies also show is that cause marketing works when it is genuine and credible.  There is a trust established between the consumer and the brand.  An implicit (or explicit) promise from the brand that its intent is to “do good.”  But the question for brands now more than ever is how to get the word out, and specifically, would a social media influencer’s influence influence the millennials who you want to influence?

Nearly 40% of Twitter users say they’ve made a purchase as a direct result of a Tweet from an influencer.”  70% of YouTube subscribers trust influencers’ opinions over celebrities.  And according to one study, on average, businesses generate $6.50 for every $1 spent on influencer marketing! (more…)

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