Managing Enter-to-Win Rules and Regulations

by: Kelley Gregory, Vice President, Legal

It’s every marketer’s nightmare: That great promotion you planned so carefully has suddenly run into a legal snafu, and angry consumers are talking trash about your brand. You ask yourself: What went wrong?

There are a number of possible answers to that question, because the rules and regulations surrounding enter-to-win promotions can be very complex. They vary by state, industry or even the consumer target.  Additionally, they are changed and revised frequently. How is a savvy marketer supposed to run a promotion that meets marketing objectives, engages consumers effectively and keeps the brand out of legal hot water? By working with a proven partner, like YA, of course.

Enter-to-win promotions are perfect for raising awareness and creating goodwill for your products. With the right legal counsel to back you up, you’ll maintain your brand’s reputation and build new conversations with engaged consumers. Because we know what can go wrong, we know how to build a solid promotion that not only meets your marketing objectives, but ensures you’re living up to the letter of the law in every state of the union.

Talk to the experts

When you are launching an enter-to-win promotion, it’s no time to take on a “do-it-yourself” attitude. If you want to remain headache (and lawsuit) free, you’ll need to work with a professional partner with years of expertise in crafting the terms and conditions, entry requirements and the entire user experience and that delivers experienced legal counsel. Here at YA, we’ve been running successful enter-to-win promotions for more than 40 years.  With that experience and through monitoring of the industry we know what works and can easily help our clients avoid promotional and legal pitfalls.

We work hand in hand with our clients’ in-house legal teams.  They appreciate our expertise in promotional law.  They rely on our knowledge and recommendations for the program rules and regulations to ensure that the program meets all of the expected legal requirements.  They are experts in their own industries, but they rely on YA when it comes to promotional marketing legal capabilities.

It’s in the details

When we work with our clients, we focus on excellence in execution—we sweat the details and deliver the best experience for our clients and their consumers.  The “details” are a key part of keeping a promotion legally compliant and making it easy for the consumer to understand how to participate.

  • Bonding?
  • Insurance requirements?
  • State by state laws?
  • Minor restrictions?
  • Industry regulations?

These are just a few of the legal considerations and different requirements that we cover with clients to ensure that they are factored into the promotion design and execution.  Focusing on the details ensures smooth sailing from start to finish.

Creative consultation

Our legal and promotional team often serves as a sounding board for different concepts and ideas. Our clients sometimes come to us with a partially developed idea.  They know we can take that initial concept and bring it to reality, while ensuring that it’s legally compliant and avoids potential pitfalls by having the right rules and regulations in place for governing the promotion.

From an entry and prize perspective this can be quite critical. Just consider the essay contest that didn’t estimate the word count and resulting time requirement (or the process) for reviewing and selecting a winner! Or what about the photo entry that doesn’t have a step in the process to review and flag inappropriate images before posting to your home page? Both could spell trouble for your promotion.  With YA at your side, we’ll guide you through each of these key determinations in the program design and align these with the program rules and regulations.

At the end of the promotion, when it is time to select winners and award prizes, it is critical to have the right legal procedures in place. 1099s and affidavits are just a few examples of what need to be considered. YA has awarded million-dollar checks, new cars, mopeds, international trips and more to winners of our clients’ promotions. We’ve worked with major celebrities to deliver prizes to the winners. It’s fair to say that if you can think of a fantastic enter-to-win prize, we’ve probably already done it!  That also means we’ll ensure that the big prize is awarded in accordance with the law.

Our clients tell us they know they don’t have to worry when they’re working with YA. If you’d like to experience the worry-free YA difference, please contact me.

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