EVP Fae Savignano contributed this post on Official Rules vs Terms and Conditions. Promotional Marketing can be a key element in promoting your brand, product and/or service through various forms of on and off line publicity and advertising tactics. When executed properly, promotions can increase sales, brand awareness and consumer engagement. All of which are positive reinforcements why promotions are still and will always be a relevant marketing tool.

The word “Promotion” has many aliases such as sweepstakes, instant win games, contests, giveaways, reward and loyalty programs, discount and premium offers, point-of-sale and merchandising limited offers, special BOGO offers, gift with purchase, mystery shopper, social engagement offers and similar activities. To effectively execute your campaign and achieve your marketing goals you will need to clearly communicate to your respective audience what the promotion is and how a person can participate. This information will be your contract with the participating public and a critical element of any type of promotion.

Official Rules and Regulations:

A ‘rule’ is traditionally defined as “Generally an established and authoritative standard of principle; a general norm mandating or guiding conduct or action in a given type of situation.” As such, it can be said that rules are quite often associated with games or sports. They describe how a particular game or sport should be played. The rules are the set of instructions which tells us the way things are to be done.

It is important to note that in legal translation the word ‘regulation’ is used to denote a set of rules that have legal connotations; and are considered official in use. This shows that although most of us use the words ‘rules’ and ‘regulations’ interchangeably they each have a specific meaning.

In promotion marketing, Rules and Regulations are typically combined to make up the Official Rules. We recommend using Official Rules when promoting a prize promotion via a sweepstakes, contest, giveaway or instant win game to ensure that an entrant has all of the appropriate and relevant information, guidelines, and instructions to participate. And, that the Official Rules are legally compliant by the governing authority(ies) to protect both the Entrant and the Sponsor, based upon laws which may affect the Promotion as those laws are currently enforced.

Terms and Conditions:

Terms and Conditions can be defined as “Special and general arrangements, rules, requirements, standards etc. forming integral parts of a contract or agreement.” We take it to be a single concept but in reality it is made up of two words ‘terms’ and ‘conditions’ which are different and separate. Terms are basically things that we agree to do or not to do. Conditions are things that must be satisfied before the transaction becomes binding upon the two parties.

We recommend using Terms and Conditions when promoting via the various types of reward & loyalty programs and other various offers noted above to ensure that the participant is totally aware of all that is expected of them by participating as well as the consequences involved if the participant does not abide by the conditions set forth therein.

If you want Marden-Kane to author your Official Rules or Terms and Conditions, contact us for immediate assistance – we have the experience and the know-how.

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