Recently, Elon Musk launched a promotion on X (formerly Twitter). The promotion, however, doesn’t follow the rules that are typically required with promotions. Here’s the ad:...more
This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more
10/11/2024
/ Advertising ,
Contests & Promotions ,
Contract Terms ,
Force Majeure Clause ,
Marketing ,
Performance Standards ,
Regulatory Agenda ,
Social Media ,
Sweepstakes ,
Termination Clauses ,
TikTok
This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more
We have previously warned you about the new California law (AB 488) concerning registration for many types of online cause marketing programs.
On March 26, 2024, CA finally issued final regulations to its AB 488...more
While the U.S. Congress may be retarded in its lawmaking responsibilities, the States of Tennessee and Utah recently passed legislation affecting charitable sales promotions as follows:
Tennessee:
Amended its...more
Tis the season. Some people like to use the phrase “Doing Well by Doing Good.” Early U.S. business magnates knew that financial benefits can come from philanthropy. In 1888, Cornealius Vanderbilt donated $250,000 (that’s six...more
Being born and raised in Pennsylvania, let me start by saying that I love Reese Cups – a perfect mix of chocolate and peanut butter that just makes you so happy. And of course, Reese’s should not be sorry that they make you...more
The statistics speak for themselves:
- Influencer marketing in the US is valued at over $16 billion.
- 72% of Gen Z and Millennials follow influencers on social media.
- 89% of marketers intend to increase influencer...more
8/8/2023
/ Advertising ,
Confidentiality Policies ,
Content Marketing ,
Content Publishing ,
E-Commerce ,
FTC Endorsement Guidelines ,
Influencers ,
Liability Insurance ,
Marketing ,
Online Platforms ,
Regulatory Requirements ,
Social Media ,
Terms and Conditions ,
Websites
We’ve all at least once (and maybe only once) played the surprisingly revealing drinking game “Never Have I Ever”. You know, you go around the table with one person asking, “Never have I ever [fill in the blank]” with the...more
7/7/2023
/ Advertising ,
Disclosure Requirements ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Endorsements ,
Online Reviews ,
Proposed Rules ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
Examining loyalty points used for chance promotions -
On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW:
Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know •...more
The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more
Two recent “routine monitoring” determinations of the National Advertising Division of BBB National Programs may indicate a trend toward the NAD’s investigation into cause-related marketing initiatives....more
Last month, a class action lawsuit was dismissed, in part, against plaintiffs who opted into Coinbase Global’s $1.2 Dogecoin sweepstakes. Dogecoin is an open source peer-to-peer digital currency (say that twice), with a cute...more
The Winter Olympics are here. I just watched the women’s U.S. hockey team take on Team Canada and it got me wonderin’: are those sweaters “Made in the USA”? To my knowledge, Nike does not tout them as such, and in fact, Nike...more
When defending Helen Keller from a charge of plagiarism, Mark Twain famously wrote, “substantially all ideas are second-hand.” While it’s possible to come up with a totally new promotion idea, many of our well-known...more
Every six-year-old boy, at some time in his short life, comes up with the idea of running a raffle as an ingenious way of earning some easy money. It is then left to his sardonic stuffed animal friend to counsel him on the...more
On June 8, 2021, the Second Circuit handed down its opinion in the case Soliman v. Subway Franchisee Advertising Fund Trust, Ltd., No. 20-946, holding that the vague, small type in Subway’s in-store ad referring to its “Terms...more
I literally had no idea. None. Until I recently saw that a bill in Oregon failed to pass (for the third time!) which would have prohibited the killing of coyotes in contests for cash or prizes. With the prize going to the...more
I love it when there are new and innovative approaches to sweepstakes. That’s been the genesis and driving force behind sweepstakes promotions since they began. The term “sweepstakes” itself originated in the late 14th...more
Sometimes doing good isn’t easy. Say you’re a company that wants to run a sweepstakes by asking entrants for donations to charity. Sounds simple. Everyone will think you’re an A-1, socially conscious brand that isn’t even...more
“Service to others is the rent you pay for your room here on Earth.” Muhammad Ali -
We are seeing a nation pitching in to flatten the curve and countless unsung heroes on the front lines trying to help those infected by...more
We did not start the fire, but it’s still burning. And for the foreseeable future, sponsors will want to pay special attention to how to handle currently running and upcoming planned sweepstakes and contests. Here are some...more
Women in the kitchen and men in the wilderness. An ad concept as old as time. But has its time come? The U.S. has traditionally taken a hands-off approach to regulating “traditional” gender-stereotyping in ads. But this week,...more
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...more
11/5/2018
/ Advertising ,
Contests & Promotions ,
Dispensaries ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Medical Marijuana ,
Retailers ,
State and Local Government ,
Sweepstakes
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...more