Promotions Marketing

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Yesterday, Facebook made it easier for companies to administer sweepstakes, contests, and other promotions on its platform. Previously, Facebook required that all promotions on the platform be administered through apps. Now, promotions may also be administered on Page Timelines. For example, companies can now:

  • Collect entries by having users post on the Page or comment/like

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All states prohibit companies from requiring people to pay money or make a purchase to enter a sweepstakes. Although most states allow companies more flexibility to require a payment or purchase in a skill contest, some states prohibit those requirements, too. Up until now, Vermont was in the latter category.

Effective April 26, 2013, nothing…

As we’ve noted in previous posts, if a company provides incentives to a consumer in order to encourage the consumer to promote the company’s products, the consumer is required to disclose those incentives. It’s not just the consumer’s problem, though. The FTC has stated that a company can be held liable for a consumer’s…

In March, we posted that Pinterest had made changes to its Terms of Service. This month, Pinterest announced new business accounts that are governed by new Business Terms of Service. Pinterest also established Logos, Trademarks, and Marketing Guidelines. Among other things, these Guidelines provide some do’s and don’ts for growing number of companies…

Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or…

Last year, a CBS radio station in North Carolina ran a “Carolina Cuties” contest in which listeners were invited to submit pictures of their babies on the station’s website. The grand prize winner was be determined by public votes. Although broadcast announcements for the contest stated that voting would end on September 5, 2011, the…

This five-minute video from the Bloomberg BNA Internet Law Resource Center provides an overview of some of the legal issues companies should consider before they engage in social media. Kelley Drye partner Gonzalo E. Mon discusses the FTC’s view of consumer endorsements, how companies can avoid liability for user-generated content, and options for structuring contests.