U.S.A.! U.S.A.! My Product Is Made in the USA
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 has not revealed where its U.S...
What Comes Around Goes Around (Odds Facts In The History of Promotions)
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 techniques have much older origins. The Billboard: Citizens of Pompeii apparently lived in whitewashed buildings...
It’s a Small World: Navigating a Global Sweepstakes
It's a world of laughter A world of tears It's a world of hopes And a world of fears There's so much that we share That it's time we're aware It's a small world after all. It’s a Small World by Robert B. Sherman and Richard M. Sherman You...
California’s AB 488: You Can Check Out Any Time You Like But You Can Never Leave
The State of California is getting a firm grip on regulating charitable sales promotions with its new law AB 488 which passed in October 2021 and will become effective January 1, 2023 (in order to allow the Attorney General’s office to promulgate regulations to implement the new law). What...
"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...
Cameo and Commercial Co-Ventures
(Educating "Celebrities” on Their Fundraising Efforts)Everyone not under a rock recently learned that you can soon purchase – for a mere $375 – a personalized video greeting from America’s former mayor turned outcast Rudy Giuliani (perhaps even with copious hair dye streaming down his face if he gets riled enough). For those of us...
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...
Scoring A Touchdown With NIL Rights
“NIL” is short for “Name, Image, Likeness,” but for college athletes it may now mean “no income limits.” All three branches of government have essentially agreed that a college athlete could be paid for his/her NIL activities. However, what this means exactly is still far from clear. First, I...
The Raffle: A Calvin to the Sweepstakes Hobbes
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 things he can do. You can’t...
Ad Says: “Terms and Conditions” Apply, Second Circuit Says: No They Don't
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 and conditions” alongside the website address for these Terms was...
Animal Killing Contests: Is That Legal?
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 hunter (used loosely) who can kill the...
Cashing in on Vaccinations: How Can They Do That?
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 14 th century to describe someone who “sweeps” (or takes) the entire stakes in a game...
Sweepstakes for Charity: Try Your Luck at Avoiding Regulators
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 looking to make a profit. Everyone that is, except possibly state regulators. Let’s...
This Week's Show: Cause Marketing and Employee Engagement
On Saturday, August 8, attorney Tawny Alvarez interviewed Rob Laplaca, Partner in Verrill's Litigation & Trial group and Chair of the Promotions group, for a segment of HR Power Hour's radio show. For this episode, Rob and Tawny discuss cause marketing and employee engagement. Rob practices in two primary...
Tips for Running Popular Sweepstakes during a National Emergency
“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 the coronavirus. Businesses too want to do their...
Commercial Co-Ventures: What You Need to Know During a Pandemic
This piece will review important issues when running a commercial co-venture (CCV) during a time of a global pandemic. Filing Requirements: The six registration states (AL, HI, IL, MA, MS, and SC) have not amended their filing rules or deadlines in response to the global pandemic. In addition, these...
Help! My Sweepstakes is Caught in a Pandemic
Forfeit prizes, cancellation, deadlines, termination, Stores closed, goods sold, how do we get through? Test kits, verification, new prizes, isolation, Entry dates, end dates, what can we do? TV ads, full disclosure, vaccines, when’s it over? Face masks, pick a winner, no more going out to dinner Social distance...
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...
I Catch the Fish, You Cook the Fish, The Only Time We're Together is When We Eat the Fish: Banning Gender Stereotypes in Ads
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, the U.K. has said enough is enough. Apt for Father's Day...
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...
New York AG Gives No Stars to Fake Online Reviews
On November 2, 2018, the New York Attorney General came crashing down on a number of moving services that paid for at least 60 fake positive online reviews posted under the heading "CHECK OUT OUR REVIEWS POSTED BY CUSTOMERS JUST LIKE YOU." As a result, the only checking being...
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...
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...
Mayor McCheese Catches the Hamburglar (A Look at the Instant Win Games Scams)
You're offered a $1 million game piece for $40,000 dollars. What do you do? As you might expect, this may be an offer you can't refuse. A recent and very comprehensive article in the Daily Beast , provides an in-depth look at how the history of McDonald's Monopoly Game...
Recent Settlement Highlights Charity's Duties in Commercial Co-Ventures
Recently, an Agreed Final Judgment was entered in Tennessee state court following an action by the Tennessee Attorney General (in conjunction with the AGs of 16 other states) against a TN charity concerning issues raised over a commercial co-venture program involving donations for teddy bears purchased to provide care...
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...
Does That Avatar Really Like That Brand? The FTC Endorsement Guidelines in the New Age of Virtual Influencers
Meet Lil' Miquela. She has 1.2 million Instagram followers: She's modeled such famous brands as Diesel, Versace, Fendi and Chanel. In March, she appeared in a fashion spread in V Magazine as "The Face of New Age Logomania." Last month she talked her audience through the latest GIF sets...
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...
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...
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...
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