20 key issues in meeting the legal requirements of an advertising campaign
Advertising campaigns are extremely valuable marketing tools for attracting customers and creating customer loyalty. Through contests, draws and sales with free gifts or discounts, brands promote the sale of their products or services. However, the campaign must be correctly implemented to ensure that consumers do not feel cheated if their expectations are not met and their irritation, together with that of other participants, can result in a reputation crisis for the brand on the Internet.
One of the key issues before initiating any type of activity is to deal with the legal requirements, by addressing all the details that are to regulate the campaign. These requirements include providing all the information required for participants on how and when they can take part, as well as the benefits they can obtain.
The following is a list of the minimum requirements that must appear in the terms of an advertising campaign prior to launching:
- Identify the promoter of the campaign, including its company name, employer identification number and postal or electronic mail address.
- Duration of the Campaign.
- Registration period.
- How to take part (by purchasing a product, sending a photograph …).
- Detailed description of the gift.
- Date of the draw and/or judges’ decision.
- How the winners of the prizes will be notified (telephone, e-mail…).
- Deadline for prizes to be sent.
- Authorization to use the participants’ image.
- Deposit of the terms with a notary public.
- Purpose of the campaign (to increase product sales, launch a service, etc.).
- Territorial scope.
- Conditions for taking part (legal age, one entry per participant …)
- Limited stock? State the number of units.
- Finalists or “no winner”?
- How prizes will be sent.
- Personal Data Protection clause.
- License to use participants’ intellectual property.
- Draw before a notary public.
- Publication of terms.
Our Intellectual Property team has prepared a practical guide which, although not intended to substitute the necessary legal advice, summarizes the regulations applicable to advertising campaigns in Spain.
Garrigues Intellectual Property Law Department
