Category: Giveaway
NEWS ALERT! FTC Reverses Position On “No Purchase Necessary”
In an astonishing reversal (of fortune), the FTC today (April 1) announced that “No Purchase Necessary” is no longer necessary for games of chance, abolishing 168 years of legal precedent. With the inflation rate accelerating to 7.9%, gas prices up to $7.00 per gallon in some areas combined with...
Win a Train Wreck- Lessons From the Downfall of Artesian Builds
A custom PC company, Artesian Builds, who hyped its image by offering frequent giveaways ranging from $100 gift cards to t-shirts to custom built pcs, announced today (March 10) that it was suspending its business, following a controversy involving its Monthly Ambassador Giveaway. Please stand back when reading about...
"Let's Be Careful Out There:" When Looking At Sweepstakes To Boost Sales, Don't Make These Common Mistakes
With the current debt crisis looming and people tightening their belts, perhaps we’ll see more brands doubling down on sweepstakes promotions to increase sales. Before your company jumps into the fray, let’s consider some common themes that have some unintended problems: "How to Enter" Problems: “You must be vaccinated...
A Big Merci Beaucoup to Les Habitants
"Void in Quebec" Est FiniOh, Canada, you give us ice hockey, maple syrup, Tom Hortons, and one stubborn province that had a noted aversion to “publicity contests.” But no more. Quebec has amended its laws concerning mandatory registration and fees for “publicity contests” (or what we in the lower 48 call “sweepstakes with...
Happy New Year! Now You Have to Worry About Abbreviating "2020"
I came across an interesting article in USA Today about how it’s really easy for miscreants to change the dates on documents abbreviating the New Year as “20.” For instance, say your “free” offer “Ends 1/2/20.” Some hacker may be able to change the date to: “Ends 1/2/2021” or...
The Year in Lawsuits
2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From "The Annoyance Lawyer" to Bobbleheads to "You're Probably Never Going to Be A Winner." The most depressing thing is the lawsuits themselves, often filled with either corrupt sponsors or litigious...
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...
Pandamonium Over a Promotion: What to do When Your Promotion is Too Popular
Over the years there have been a number of promotions that just exploded beyond a brand's expectations. In 2009, Oprah decided to treat the whole Internet to two pieces of KFC's new Kentucky Grilled Chicken by promoting a coupon redeemable at participating restaurants. Lines snaked out the doors and...
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...
A Post Guaranteed to Give a Lesson on Money Back Guarantees (or Your Money Back)
Ever hear of the "Trial Mark"? In 1869, for his home brewed medicinal products J.R. Watkins created bottles that included an embossed "Trial Mark." Mr. Watkins sold his products door-to-door and offered the first Money Back Guarantee to consumers, provided their use of the product did not extend beyond...
Big Blue Fans Win Big Red Steaks: Promotions That Go Better (?) Than Expected
On Saturday (October 8), the University of Michigan eleven beat Rutgers by the lopsided score of 78-0. I don't know if the Wolverines were fed red meat before the game, but the fans in Ann Arbor are sure lining up for some at the local Ruth's Chris Steakhouse. Prior...
There's No Such Thing as a "Free" Sample: FTC Provides Guidance on Advertising "Free" Samples Combined with Recurring Charges
On Tuesday (September 20, 2016), the FTC and Nutraclick entered into a consent order concerning Nutraclick's online offer for "free" samples of supplements and beauty products . The FTC alleged that Nutraclick failed to clearly disclose to people who requested the samples that they would be enrolled in a...
10 Things You May Not Have Known About Promotion Marketing
Practically every type of promotional activity is regulated in some way: Sweepstakes and contests User generated content on websites and social media; Coupons, gift cards and money-back guarantees; Charitable solicitations; Celebrity endorsements or other testimonials; Marketing to children; and Even trying to give something away for "free" 2. You...
