Contests & Promotions

News & Analysis as of

FCA Publishes Supervisory Approach to Financial Promotions in Social Media

On August 6, the UK Financial Conduct Authority (FCA) published its guidance consultation on social media and customer communications (Guidance). The Guidance is intended to clarify and confirm the FCA’s approach to the...more

Corporate and Financial Weekly Digest - Volume IX, Issue 33

In this issue: - ISS Launches New Equity Plan Data Verification Portal - ISDA Publishes Protocol for 2014 Credit Derivatives Definitions - FinCEN Issues Advisories for US Financial Institutions -...more

Facebook Updates Platform Policy to Prohibit “Like-Gating”

Facebook's recently updated Platform Policy for developers states, "Only incentivize a person to log into your app, like your app's Page, enter a promotion on your app's Page, or check-in at a place. Don't incentivize other...more

Facebook Bans “Like-Gated” Promotions

Earlier this month, Facebook announced a significant upcoming change to a section of its policies that will affect the way promotions may be administered on Facebook. Effective November 5, 2014, “like-gating” a page (i.e....more

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more

7 important lessons from past FCC contest cases

The FCC’s Enforcement Bureau has brought a number of cases against broadcasters who conduct or advertise a contest on air. These cases range from failure to accurately disclose the end date for a sweepstakes, to a station’s...more

The FCC’s contest regulations: A primer

Our recent post about the possibility that the Federal Communications Commission will no longer require broadcasters to disclose contest rules in their advertisements brought several questions from readers. Most of the...more

Will the FCC allow online disclosure of contest rules? Stay tuned

Anyone who watches television or listens to the radio has heard a fast-talking announcer race through the abbreviated rules for a sweepstakes or contest . Or perhaps you’ve seen a copy of the official rules for only a second...more

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

Contests – Check Rules Before Offering!

Contests can be a great way to engage consumers and create publicity for your business, and social media makes it easier than ever to promote a contest to a broad audience. However, there is more to setting up a successful...more

Food, the FTC and the Risks of Social Media Promotions

Social media platforms offer food and other CPG companies a host of new, creative ways to engage with consumers and generate brand experiences, especially on strongly visual platforms like Pinterest, Vine, and Instagram. But...more

The GPMemorandum, Issue 180

In This Issue: - Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy To Obtain Control Over Infringing Domain: A franchisor whose trademark was being infringed in a domain name recently obtained...more

FTC Offers Guidance on Social Media Contests

In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection...more

Are you a Canadian business running an #onlinecontest?

Social media is not just a marketing novelty - it has become the essential tool for running a promotional contest. Have a look at any big brand contest and you’re hard pressed to find one without a social media component....more

General Mills dips a toe in forced arbitration for sweepstakes, contests

Last week, The New York Times reported that General Mills added language to its website notifying its customers that if they downloaded a coupon, joined the company’s online community on places like Facebook, or entered a...more

Running a Sweepstakes or Contest on Social Media?

If entry for the chance to win a prize requires participants to post content featuring your company’s products or services, the participants should be instructed to disclose that their posts are pursuant to a contest. ...more

Facebook's promotional page terms get a facelift

It has been almost eight months since Facebook issued its revised Page Terms pertaining to promotions. These were significant changes in the way sweepstakes and contests can be conducted on Facebook. One of the major changes...more

#SMH-butnotacontestorsweepstakes – Check Your Online Promotion Hashtag Or Face Scrutiny From The FTC

As we have reported before, the Federal Trade Commission requires the disclosure of any “material connection” offered in exchange for an online endorsement or post in their Online Endorsement Guidelines. Now, they are...more

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a...

In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Draft FDA Guidance on Real-Time Promotional Statements Made Via Social Media

In January 2014, the US Food and Drug Administration (FDA) gave the pharmaceutical industry another glimpse of its thinking on social media marketing. The agency’s draft guidance, titled “Fulfilling Regulatory Requirements...more

Prize Promotions Across the World (Global)

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a...more

Now on deck: The law behind sports trading cards promotions

Because sweepstakes and contests are such a popular marketing strategy, many industries develop promotions specifically tied to their products. For the world of sports trading cards, one popular promotion is the “box break.”...more

What Do You Get When You Cross March Madness With Insurance?

A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in...more

Can a grab bag be a sweepstakes?

When I hear the words “grab bag,” I think about stores that used to stock plain wrapped packages labeled as either for “boys” or “girls." For a dollar, you could choose one of these packages without knowing what it contained....more

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