Month: November 2015
My post today is relevant to this holiday since it is the eve of Thanksgiving . This is when we all should express what we are thankful for. I am personally blessed with many things to be thankful for, most importantly the good health of me and my family and our well-being.
However, today I am especially very thankful for our dogs. Our 12-year old Golden Retriever, Shadow, went under yesterday to have a abscess removed from his eyelid and his teeth cleaned at the same time. The look he gave me as I walked out of the vet’s room and left him with this stranger, would break any mother’s heart. He is very glad to be back home and sleeping it off quite well. I can’t help thinking that he is getting old and won’t be with us forever. This makes me appreciate the time I have with my dogs even more.
Here’s a Thanksgiving-themed promotion from Purina PetCare that is running now through Nov. 29. Purina is inviting dog owners to post on Facebook, Twitter or Instagram why they are thankful for their dog. For every original post submitted that includes @Purina and the hashtag, #dogthanking, Purina will donate one dollar to the AKC Canine Health Foundation, up to $75,000, to help further pet health research.
On top of that, Purina plans to share some of the posted videos, photos and posts during the National Dog Show Presented by Purina on Thanksgiving Day on NBC. This show is a tradition that we watch after the Thanksgiving parade each year. Purina is promoting the initiative on its Facebook page, via its Twitter account and on Instagram.
Purina has had the support of Olympic figure skater and fashion commentator Johnny Weir who helped kick off the campaign by thanking his dog Tema: “Tema is my little prince, and always there wagging his tail when I get home. He brings so much joy to my life, and I am so thankful for his companionship,” Weir said of his Japanese Chin. Weir will also appear on the National Dog Show on Thanksgiving day.
So I’m now going to create my post and share why I am so thankful for my dogs. If you’re a dog owner, please share yours as well.
Happy Thanksgiving everyone.
Coming from a mostly Italian family in New York we had an early pasta dinner every Sunday and the morning always started out with Frank Sinatra records playing on the stereo. So when I saw this promotion that is celebrating what would have been Frank Sinatra’s 100th birthday I couldn’t resist “spreading the news”!
Sinatra passed away 17 years ago and he would have been 100 this Dec. 12. Jack Daniels has launched this Toastmakers contest that invites fans to make toasts in the style of Ol’ Blue Eyes. Now through Dec. 12, people can visit TheToastmakers.com and the Jack Daniels Instagram account to see all the Sinatra-themed toasts.
Frank Sinatra passed away 17 years ago and he would have been 100 this Dec. 12. Jack Daniels has launched this Toastmakers contest that invites fans to make toasts in the style of Ol’ Blue Eyes. Now through Dec. 12, people can visit TheToastmakers.com and the Jack Daniels Instagram account to see all the Sinatra-themed toasts.
The Contest is awarding one Toastmaker the ultimate Sinatra-style weekend. The winner and four friends, the “Rat Pack” will receive a trip to Los Angeles then on to Vegas to spend the weekend hitting some of Frank’s favorite places along the way. This prize package consists of air transportation to Los Angeles, then a tux, or dress, fitting for all to attend dinner in LA (up to $1,000) along with hotel accommodations in LA for all five for a night. Then helicopter transportation from Los Angeles to Las Vegas and hotel accommodations for two nights in Las Vegas.
To enter participants need to TOAST, SNAP and POST. First they need to click the link in the @JackDaniels_US bio on Instagram to connect with the brand and verify their age. Then using Instagram, post one video or photo of their toast and include the hashtag #ToastSinatraContest. A maximum of five unique entries is allowed during the contest period. Videos must be between 3-15 minutes in length.
At the end of the contest a panel of judges will determine the grand prize winner based on the following criteria: 30% Creativity, 30% Originality, 30% Relevancy to the themes of Frank Sinatra and Jack Daniel’s and 10% Technical quality of entry.
The brand has released a JD/Sinatra offering which includes a Jack Daniel’s Sinatra Century whiskey. A one-liter bottle of this limited-edition (100 barrels), 100-proof version, packaged in a gift box along with a CD of previously unreleased tracks of Sinatra performing live at the Sands Casino in 1966, which is selling for $499.99. A bottle of JD Single Barrel goes for about $45.
Frank stated in his Playboy magazine interview in 1963: “I’m for anything that gets you through the night, be it prayer, tranquilizers or a bottle of Jack Daniels.”
Rest in peace my friend and Happy Birthday.
The BAA’s 37th Annual Marketing Law Conference just wrapped up on Wednesday, Nov 11th, in Chicago which I was glad to attend. The organization (Brand Activation Association) broke another attendance record with over 760 attendees who ranged from leading regulators, legislators, corporate counsel, marketers and technology innovators who gathered again at the Marriott Hotel on Michigan Ave.
This year’s conference was entitled “Walking the Line: Between Innovation and Regulation”. “The theme of this year’s conference perfectly sums up the challenge of our industry and why our event is more important than 
ever,” says Ed Kabak, BAA’s Chief Legal Officer. As has been the case in past years, Wednesday’s first session featured Linda Goldstein, a Partner in the Media and Marketing practice at Manatt, Phelps & Phillips LLP in New York. Linda reviewed some of the most newsworthy developments of the year and what they mean for marketing and advertising lawyers and professionals. As usual Linda’s talk was very informative and entertaining as she reviewed again the basics of sweepstakes and skill contests along with social and digital media legal issues from some of the latest promotions. I wrote about Linda’s presentation from last year’s conference here in which she covered some of the same legal matters.
There were two central themes that appeared to be prominent at this year’s conference which Linda first touched upon in her presentation. The first was Real-Time Marketing. More brands are now putting much effort into connecting their product or service with consumers in the moment. To do this successfully, the content must be relevant. We reviewed many examples of those that pulled it off well and those that didn’t. Some brands have started using the new live streaming apps, Periscope and Meerkat, that are perfect ways to connect experiential marketing with consumers. However, broadcasting live video to the world has its inherent risks, along with possible copyright and trademark infringements
The other central theme was focused on the FTC’s Endorsement &Testimonial Guidelines which are not new, but it appears the FTC is now clearly monitoring what is happening online and on social media. Sweepstakes and contests are a material connection to the brand, and therefore need to be disclosed. They are recommending brands direct the participants to us the #sweepstakes, #contest, #entry hashtags along with their promotional hashtag in any social media posts that gain the consumer an entry. Another type of material connection that should be disclosed is an employer/employee relationship to the brand. The FTC charged Sony and their agency, Deutsch LA, with deceptive behavior on Twitter when it found that employees were using the same hashtag that the consumer was using, #GameChanger, when posting about their Playstation Vita handheld device.
Real-time marketing is one of the areas that the FTC is highly looking at. Linda ended her presentation by stating that trust is key and that brands that walk the talk will be rewarded. “These real time platforms will take us to new territories; we the attorneys’ must protect our clients as we walk the line between innovation and regulation.”
Wednesday morning we were treated to another highly entertaining presentation from Ron Urbach, Chairman/Davis & Gilbert LLP, who also demonstrated how important it is for those in our industry to keep current. Ron used the term “Disruption” to describe how today’s technology allows new brands and services to thrive. He pointed out Airbnb, which has changed the way we travel, and Kickstarter, the way we invest. So to help get his point across Ron created a video of a group of fictitious millennials who were using social media and technology to launch new products, such as DrinkAgain Pay Water Fountains and Rag Exchange – The Fashion Lease Experience. Ron was their lawyer, or as one of the female characters called him, their “interpreter”.
This video demonstrated several areas in which the group crossed the line and Ron had to reign them back in to stay compliant. We were reminded that if you link your product to a celebrity, don’t forget about the FTC endorsements guidelines. If you’re going to do live streaming, then you better establish guidelines, train the person(s) doing it and then monitor it carefully. Brands must also develop a social media policy, train employees, monitor and then enforce their policy. And, don’t forget to get consumer’s consent before re-posting any photos or videos of theirs.
Ron summed up his presentation by stating that today we need “Live Lawyering”, along with training and best practices. Pay attention to “Disclosure in a Disruptive World – and provide the right info at the right time in the right way.”
Hopefully many of us will be headed back to next year’s 38th Annual Marketing Law Conference. We were treated with some beautiful, unseasonably warm weather this year. Can the BAA conference team please schedule that for us again?
We have been assisting more and more clients this year with text-to-win sweepstakes promotions. It’s an easy way for consumers to enter, especially when they are at an event or at a store location. When they do this you gain their mobile phone number and they are then automatically subscribed to your text messaging list (which they can opt-out at any time).
We have been utilizing this mobile provider, Momares, to provide their Solark platform that enables us to offer this part of the service to our clients. Marcos Menendez , one of the co-founders of Momares, published this post on their blog last week which I am now including here with Marcos’ permission:
Busting the Text Message Marketing Myths
From time to time I get comments about text message marketing being intrusive or spam. When I hear those comments, I dig a little deeper.
First, I ask if they use text messages and if they find them useful. The answer is always “yes.” Second, I ask about their favorite store. If that store sent them relevant and valuable coupons, money-saving offers or exclusive invites via text message would they like to receive them? The answer is usually another “yes.” Then I remind them that the only way to receive a text message from a company is to subscribe. You will only get a text, if you want to. That’s why compared to your email inbox, there is very little or no spam in your text message inbox. There are laws and regulatory agencies enforcing this, plus most marketers make their text message programs 100% opt-in.
I’d like to replace certain myths with the facts. Here are the top myths about text message marketing debunked.
1. Mobile marketing is a fad
The age of mobile has been touted for a long time, so it’s easy to think mobile marketing is a fad. But if you think it’s on its way out, just take a look at the stats. For 2016, the number of smartphone users in the United States is estimated to reach 198.5 million or 63% of the U.S. population. In 2014, 90% of American adults owned a cell phone and 81% of them used their phones to text (Pew Research Center). As cell phones play an increasing role in our lives, mobile use will continue to grow, making mobile marketing even more advantageous. No apps are needed, every mobile phone can send and receive text messages.
2. Texting only works with well with teens or Millennials
Think again. Although teens and Millennials lead the way in text message usage, users range across different ages, locations and demographics. Marketing via mobile is no longer about reaching “mobile users.” Nearly 75% of American users over the age of 65 have a cell phone, according to a Pew Research Center survey in 2014. Seniors use mobile in growing numbers and they don’t need fancy smartphones to receive text.
3. Text messaging for business is SPAM
In the early days of SMS marketing, any text from a business was seen suspiciously, but that has changed. Today SPAM is much harder and riskier by text than by email. There are very high consequences for sending text SPAM as it’s regulated by the telecommunications industry. In fact, a business can be fined up to $1,000 per text! As a result, text message marketing providers take compliance very seriously. I like to say, if you did not opt-in, you did not get a text from us, period.
4. Mobile users are more likely to be on the go
A common myth is that mobile users are using their phones most often when they’re out and about. As a result, many assume mobile marketing should focus on location-based deals. But, 75% of all mobile impressions are viewed while the person is at home, according to a study by AOL Networks and the University of Virginia School of Engineering and Applied Science. This means you can reach your customers on mobile any time with any offer.
If you are still on the fence about mobile marketing, maybe this will help you jump over:
In the survey of 1,200 people in four major countries by global tech design and strategy firm frog, 30% of the respondents said that they would give up their car before their smartphone. “Given that smartphones have been commonly available for only 10 years, we expect the proportion of people who value them more than their car to grow swiftly and significantly,” frog said in a statement about the survey. Source
Microsoft CEO Satya Nadella at the Dreamforce 2015 conference said that “That’s a world where Windows doesn’t matter so much, just as long as people are using Microsoft’s apps on their many other devices.”
Here is one of our clients that is currently using the Solark text-to-win platform to drive traffic to their sweepstakes. Participants start by texting “GROWLER” to the shortcode 65047.
If you’re interested in learning more please contact us or enter a comment below.