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Legal Dos And Donts In Social Marketing
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Legal Dos And Donts In Social Marketing

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Companies of all sizes know they need to use social media to market their products and services. But what are the legal risks of using social media? Hannah will give you some basic guidelines on how …

Companies of all sizes know they need to use social media to market their products and services. But what are the legal risks of using social media? Hannah will give you some basic guidelines on how to minimize your company's exposure when using promotions on your blogs, websites, and social media platforms.

Learn what types of language should be on all your coupons, the basics of how contract law can apply to these offers, and the hidden pitfalls of online marketing.

Published in: Education, Technology, Business

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  • 1. Indianapolis Social Media Breakfast event tag: #indysmb event hosts: @panerabread @inhumanities @indysmb
  • 2. Presenting Sponsor Christine Schoenefeld @panerabread www.panerabread.com
  • 3. Hosting Sponsor Indiana Humanities Council @INHumanities www.indianahumanities.org
  • 4. Legal Do’s and Don’ts for Social Marketing Hannah Kaufman Joseph Hollingsworth & Zivitz, P.C. Disclaimer: This course and its materials should not be considered legal advice and do not create a relationship with an attorney or give rise to attorney-client privilege. Please seek an attorney for any specific legal guidance you may need.
  • 5. Legal Issues in Social Marketing
    • Deceptive and Misleading Advertising
    • Testimonials and Endorsements
    • IP Concerns for User Generated Content
    • Rights of Publicity
    • Terms of Use
    • Privacy Policies
  • 6. Marsh Coupon
    • “ At Marsh, we want our loyal fans, customers and employees to be rewarded. You have all done a fantastic job at sharing our posts and telling your friends. Simply take advantage of this $10 Marsh Coupon at your local Marsh or O'Malia's location on your order of $10 or more (excluding tax).  This coupon is limited to once per fan between now and August 8, 2009.  Some exclusions apply. See coupon for further details. Don't be afraid to SHARE.. Marsh would love to see more shoppers become fans!”
  • 7. Marsh Coupon
    • “ We at Marsh recently stuck our toe in the water to try this whole social media thing. Unfortunately we ended up stubbing it. Our recent $10 coupon offer on Facebook has instead left us red in the face and many of our loyal customers angry. Rightfully so. For that we are truly sorry. Needless to say, we’re learning. Imperative to say, we’re sorry. - The Marsh Facebook Team”
  • 8. Using Coupons and Offers Online
    • Coupon Requirements: A clear, concise and understandable statement of the offer and all restrictions or limitations should be stated.
  • 9. Disclaimers
    • Should be used to limit, explain or qualify an accurate offer
    • Must be clear and conspicuous
    • Must be in close proximity to claim being modified
    • Cannot contradict a misleading claim
  • 10. Coupon Offer Disclaimer Language
    • Void Where Prohibited, Taxed or Restricted
    • Cash Value 1/100 ¢
    • Coupon may not be used with any other discount, coupon, offer, prior purchase, exchange or refund
    • Limit one per person
    • Not to be reproduced
    • Valid until ______.
    • No cash back
    • Company reserves the right to modify or discontinue this offer at any time.
    • ADDITIONAL EXCLUSIONS MAY APPLY
  • 11.  
  • 12. Deceptive and Misleading Advertising
    • Use of the word “New”
      • Must be legitimately new or reformulated (not just new packaging)
      • May only be used for six months
    • Use of the word “Free”
      • Price of underlying product can’t be increased
      • Must be temporary
      • Must have limitations stated (minimum required purchase, S&H etc.)
  • 13. Testimonials and Endorsements
    • Testimonials
      • If an actor, must disclose
      • Must be honest
      • If results are not typical, must disclose
      • Disclose connection between endorser and company
      • Must not pay for testimonials
      • Obtain a release
  • 14. Testimonials and Endorsements
    • ALERT: New FTC Rules
      • Pay for Play
      • May affect blogging quid pro quo
      • Includes cash or in-kind payment
      • Also affects financial compensation for studies by research organizations
  • 15. User Generated Content
    • User Generated Content allows users of your site, blog, or Facebook page to comment, post pictures, post reviews and submit their own content
    • Can create liability for trademark and copyright infringement, as well as rights of privacy and/or publicity
  • 16. Licenses and Releases
    • If content you want to use is protected by IP rights, obtain a license
    • If content you want to use is protected by publicity rights, obtain a release
  • 17. Rights of Publicity/Privacy
    • Right of Publicity is an individual’s right to control the commercial use of his or her identity
      • Example: Using a celebrity’s name, without permission to sell a product
    • Right of Privacy is an individual’s right to control the dissemination of information that can cause harm to a person’s feelings, reputation etc.
      • Example: Using defamatory information to sell a product
  • 18. Use of Stock Photography
      • Avoid photos with recognizable trademarks, buildings, or anything that would require licensing
      • Confirm releases
      • Make sure releases cover all intended uses (some are for print, but not web, etc.)
  • 19. Terms of Use
    • To minimize liability for IP infringement, rights of privacy/publicity, and deceptive advertising, include terms of use for the site
    • Terms of Use should address the following areas:
      • Trademark and Copyright Notice
      • Prohibited Conduct
      • Disclaimer of Warranties and Limitation of Liability
      • Third Party Content
      • Terms for UGC
      • Indemnification
      • Security
      • Termination
      • Links
      • Copyright Protection (DCMA Safe Harbor Notice)
      • Boilerplate
  • 20. Sample Language for UGC
    • Company may from time to time and at its sole discretion post content on the site that has been submitted to Company by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. User grants Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants Company the right to use the name submitted by User in connection with User Content, if Company so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify Company for all claims resulting from the User Content. Company has the right but not the obligation to monitor and edit or remove any User Content. Company takes no responsibility and assumes no liability for any User Content.
  • 21. Privacy Policies
    • If you are collecting personal information, you should have a privacy policy
      • Newsletters
      • Email blasts
    • Use care in maintaining your customer personal information
  • 22. Privacy Policies
    • Privacy Policy should address the following areas:
      • How information is protected
      • Storage and use of information
      • How is information tracked
      • Links to other sites
      • Notification of changes
      • Contact Information
  • 23. Take our survey! survey: bit.ly/indysmb01survey event hosts: @panerabread @inhumanities @indysmb

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