Headache Inducing Headlines? Here’s 500 mg of Prevention.
SWEEPSTAKES & CONTESTS: A PRIMER FOR USER-GENERATED CONTENT
In the end of March 2017, advertiser Magners Irish Cider accused Miller Lite and its advertising agency of using Magner’s HOLD TRUE tagline in a Miller Lite campaign. Magners went public and Tweeted “@MillerLite Imitation is the sincerest form of flattery they say…#HoldTrue.” While Magners was clearly having fun at Miller Lite’s expense, things could have taken a serious turn if Magners had accused Miller of trademark infringement. The Magners/Miller bar fight is a good.
Sweepstakes and Contests: Not Knowing the Difference May Cost You!
By Philip Rebentisch, ACP Part II in a Series In my previous blogpost about sweepstakes and contests, I addressed the primary differences between those two types of prize promotions (chance vs. skill) and the need for Official Rules. This post examines user-generated content. For both sweepstakes and contests, a popular format invites entrants to upload, post, or otherwise share their photos, videos, Tweets, or other content on social media platforms or the sponsor’s website or.
Native Advertising: FTC Policy Update
By Philip Rebentisch, ACP Sweepstakes and contests are popular and fairly inexpensive promotional tools for almost any product or service category. They are regulated by a patchwork of state laws, federal law via the Deceptive Mail Prevention and Enforcement Act, and under certain circumstances, by the FTC. As a result, campaign errors can quickly become a nightmare for the promotion’s sponsor, even for small-scale promotions. When planning a prize promotion, advertisers must know the differences.
One of the Federal Trade Commission’s core missions is investigating and taking action against false and deceptive advertising claims. For any advertiser or marketer, being on the receiving end of an enforcement action is a serious, possibly long-term endeavor. In late December 2015, the FTC released its Enforcement Policy Statement on Deceptively Formatted Advertisements. Clearly, the statement’s name alone sends a strong signal that the FTC sees native advertising, AKA, “Branded Content,” as an important issue.