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Marketing Roadmaps

Susan Getgood

FTC Endorsement Guidelines Update: Disclosing a Sweeps or Contest Entry on Social Media

April 1, 2014 by Susan Getgood

Cole Haan WestFarms

(Photo credit: Wikipedia)

 Disclosure: Not a lawyer. Don’t play one on the Internet. But I’ve studied the FTC endorsement guidelines. A lot. 

Yesterday news broke that the FTC had issued a warning to shoe manufacturer Cole Haan, notifying it that the disclosures used by consumers in its Wandering Sole contest on Pinterest were not sufficiently clear as to the potential material connection between contest entrants and the company. Said the letter (as quoted in MediaPost):

“We do not believe that the “#WanderingSole” hashtag adequately communicated the financial incentive — a material connection — between contestants and Cole Haan,” Mary Engle, FTC associate director for advertising practices, said in a letter sent to the retailer’s attorneys on March 20.

This represents an evolution in the FTC’s thinking with regard to disclosure of a sweepstakes or contest entry. In the early days, it did not explicitly require such a disclosure when a blogger mentioned a brand in a post to enter a sweeps or contest.  In part, because there was no material relationship between the parties, so there was nothing to disclose. And, for the most part, back then (2010!), in text-based formats like blogs and Twitter, sweeps and contest entries were often disclosed as part of the entry instructions. Hence no confusion.  [Facebook only allowed contest entries on pages recently.]

So what has changed? The endorsement guidelines are grounded in two basic concepts:

  • is there a material (compensated) relationship between the parties, and
  • is there a possibility of consumer confusion about the relationship?

In my opinion, the FTC’s thinking has evolved due to the prevalence of contest and sweepstakes entries, particularly on the highly visual Pinterest, that mimic organic endorsements, and do not have clear disclosure that they are a contest or sweepstakes entry. In other words, that the posting is motivated by a commercial incentive, not an organic interest in the product. Quite simply, all these sweeps and contests were causing too much consumer confusion.

The resolution is pretty simple, and follows the same simple guidelines that normal disclosure does. When possible, use natural language to disclose the relationship (Pinned for the Blah Blah Sweepstakes) and use clear hashtags (#sweepsentry) or @ addressing (@BlahSweepsEntry) to make it crystal clear. Using the hashtag or @ addressing is useful even if you also require a natural language disclosure as it makes it easier to track the entries. IMPORTANT: Make the proper disclosure part of the requirements to enter the sweeps or contest.

Related articles
        • FTC: Brand-Incentivized Pins On Pinterest Potentially “Deceptive,” Require Disclosure
        • Update: Pinterest’s Acceptable Use Policy and Brand Pins/Pinboards
  • Why A Marketing Promotion Hashtag Is Not Appropriate FTC Disclosure by Sara Hawkins
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Filed Under: Blog with Integrity, Blogging, Ethics, FTC, Social networks

Update: Pinterest’s Acceptable Use Policy and Brand Pins/Pinboards

February 23, 2014 by Susan Getgood

Disclosure: I am Vice President, Influencer Marketing at BlogHer. Advertising and social media marketing programs are a significant source of revenue for my company and for the bloggers in our advertising network.

It’s not a secret that I am something of an ethics/best practices aficionado. As a result, I pay particular attention to the terms of service and acceptable use policies of the social platforms commonly used in sponsored programs. The good news is: I love it so you don’t have to 🙂

Recently (1/31/2014),  Pinterest changed its Acceptable Use Policy (AUP) to explicitly prohibit both compensated pins and ads that could be confused with Pinterest content.

Specifically prohibited per the AUP :

“Create or show ads that look like or could be confused with Pinterest content (for example, embedding Pinterest actions like Pin, follow or unfollow in your ads)
Directly compensate users for Pinning, following or unfollowing” 

However:

“a business can pay someone to help them put together a board that represents their brand. For example, it’s okay for a guest blogger to curate a board for a local boutique’s profile. We don’t allow that boutique to pay the blogger to Pin products to her own boards.”

How does this  impact brands that want to use Pinterest in their promotional efforts? Here’s my take.

Not Allowed:

Brands CANNOT compensate influencers to pin brand content on their own Pinterest boards. This includes asking them to curate from a pre-defined pool of content or Pinterest boards.

Allowed:

Influencers can create boards for brands on the brand Pinterest. Because the brand’s Pinterest is understood to be commercial, the board can include branded pins, and no further FTC disclosure is necessary.

Brands can license previously published blog content  to populate the brand Pinterest boards. These licensed pins can include branding. 

Finally,  influencers can create sponsored boards on their own Pinterest account using a theme that aligns with the brand messaging but does not specify content sources or include any paid branded pins. The board sponsorship would require disclosure per FTC requirements, as it is a compensated activity, but one that is more akin to an editorial sponsorship than sponsored advertorial.

Pinterest does not include an example of this type of board in the AUP update but I am confident that this is well within the policy. Here’s an example, built around the theme of beautiful things:

Sponsored Pinboard

That said, Pinterest can always change its mind about this, or any other policy in its Terms of Service or AUP, so it is wise to check the company’s blog for updates before finalizing any program.

In particular, if you want to do a contest or sweeps using Pinterest, something I generally do not recommend, the service regularly refines its policy on sweeps and contests. The current policy is much in line with the new position on compensated pinning. It states: “please don’t:

Suggest that Pinterest sponsors or endorses you or the promotion
Require people to Pin from a selection
Make people Pin your contest rules
Run a sweepstakes where each Pin, board, like or follow represents an entry
Encourage spammy behavior, such as asking participants to comment
Ask Pinners to vote with Pins, boards or likes
Require a minimum number of Pins”

 What do these changes mean for brands over the long term?  

Pinterest is still feeling its way around commercial use of the platform, and is simultaneously trying to maintain the authenticity of the experience that caused such dynamic growth while evaluating and building its own monetization models. Right now, it is being very restrictive on commercial use of the core functionality of the platform, much as Facebook did a few years ago.

Facebook has since loosened some (but not all) the restrictions it placed, particularly with regard to Pages (versus personal Profiles). I expect Pinterest will do the same: reserve some capabilities to itself while lightly loosening the restrictions in areas where it is not building its own solutions.

More to come, I am sure!

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Filed Under: Influencer Marketing, Pinterest, Things I do so you don't have to

Shining a Light on the Native Advertising Debate

January 20, 2014 by Susan Getgood

Disclosure: I am Vice President, Influencer Marketing at BlogHer. Advertising and social media marketing programs are a significant source of revenue for my company and for the bloggers in our advertising network.

In December, the FTC held a workshop on Native Advertising,  the practice of embedding/including advertising messages in editorial spaces. Prompted by concerns that publishers are not disclosing sufficient information to consumers, the workshop was mostly focused on native advertising on publishers’ sites and portals. Although there are some implications for sponsored content on independent blogs, there was nothing in this workshop that replaced or changes the endorsement guidelines updated in 2009.

The FTC regularly holds public workshops to discuss and document the points of view on a topic for which they might issue a regulation.  Nothing really new comes to light, but the workshops are a good way to understand the current market thinking on a topic. How it works in a nutshell:

  • Participants file a public comment on the matter with the FTC in order to be “invited” to the workshop (and not all are given speaking slots).
  • During the workshop, the participants clarify and defend these previously established positions.
  • Often participating organizations time related press announcement to the workshop date to maximize the reach of their point of view. For example, the IAB released its Native Advertising Playbook on December 4th, the day of the workshop.
  • Following the workshop, the FTC may (or may not) eventually issue regulatory guidelines.

If you aren’t on the hot seat, FTC Workshops are excellent policy wonk theater. From the coverage, this one did not disappoint. Seen on Twitter, largely paraphrasing commentary by columnist Bob Garfield:

raju: “We are all trying to make money” Yes, but with a “boatload of shit.” Arguments fly in US @FTC hearing on #NativeAds bitly.com/1bid3ie

sulliview: “A conspiracy of deception. A hustle. A racket. A grift.” And other kind words for native advertising:adage.com/article/media/… h/t @raju

If you were looking for a conclusion or a ruling, though, you would definitely be disappointed at the outcome (to-date) of the workshop. As is often the case, FTC workshops end with everyone realizing just how a) far apart the various protagonists/antagonists are on the issues and b) how confusing the topic is, both organically and as manufactured by the protagonists and antagonists.

Among other issues, the different players in the online media industry are using the term “native advertising” to mean  multiple, often disparate things. Many of which already existed in somewhat similar form, online and off.  At best, this makes conclusions about concrete action difficult for the regulators.  At worst, it makes it obvious that sometimes the lack of clarity is deliberately intended to confuse consumers about the paid nature of the content and implied endorsement. Online and offline, sometimes it is just hard tell where the editorial ends and the advertising begins. Blurred lines (the name of the FTC workshop) indeed, and certainly why the FTC intends to keep a sharp eye on native advertising in the coming year.

I’m watching the ongoing debate with some interest. In part because HULLO ethics policy wonk here! but also because these discussions about native advertising impact my work with brands and influencers at BlogHer. We’ve been doing sponsored content for years, both on BlogHer.com and on the blogs of our Advertising Network members, and have long been a proponent of clear and prominent  disclosure of sponsored relationships, even before the revised FTC endorsement guidelines.

Sponsored posts are considered a form of native advertising. I’d argue that sponsored posts are the original native advertising, and many of the newer portal- and publisher- based forms are attempts to mimic the word-of-mouth potential of an authentic influencer endorsement. Other native ads are advertorials that blur the lines between the native editorial of a publisher — the magazine content — and advertising. For example, did the sponsor simply fund the space, and the article was written with the usual editorial objectivity of the publisher, or did the advertiser place the article fully written? Both types of post have their place in the content ecology, but sponsorship and in the case of my example, the level and degree of sponsorship, must be disclosed so consumers can make an informed decision.

On one side of this debate, we have the advertising and publishing industry that wants to expand the opportunities to reach consumers with marketing messages. And on the other, we have the watchdogs who are concerned that consumers aren’t getting adequate information upon which to base their decisions.

No one denies the need for disclosure. The sticking point seems to be what is an acceptable, meaningful disclosure.

We are arguing about the wrong thing. We are having a debate when we should be having a conversation. And not about the best way to disclose. Shaded boxes versus color cues, or whether we call something an ad, advertorial or sponsored, trap us in the minutiae of old media models.

One of the most interesting topics discussed during the workshop was a study conducted by the McCarthy Institute for IP and Technology Law. Among other things the study found that 50% of respondents did not know what sponsored advertising meant.  The study also suggested that consumers don’t care that much. Reported website emedia|vitals:

One question looms even larger than how publishers label the native ads that run on their site: Do consumers care? One-third of respondents in the McCarthy Institute study said they are not concerned about the difference between ads and editorial and that they would actually be more likely to click on something they think is an ad.

“So the important baseline question is, what are we protecting the consumer from?” asked Franklyn [McCarthy Institute Director David Franklyn]. “A growing number of consumers enjoy the hyperstimulation of the work that advertisers and publishers do. They don’t care whether it’s paid or unpaid – they may just want to be entertained.”

Should consumers care? Does it matter?  It seems that consumers aren’t nearly as fussed about whether a message is paid or unpaid as long as they can trust its credibility and the message is relevant and interesting.  This shouldn’t surprise us — it is the foundation upon which social media, and social media marketing, is built. That said, it is extremely important to note that while the consumer may not care whether an endorsement is paid or not, it is still vital that she know whether it was paid or not. Without disclosure, there is no foundation for the trust upon which social media engagement relies.

Trust and Relevance. 

Rather than get bogged down making advertising look like editorial because we think it increases its trust value if it looks “native,” let’s take a deep breath and realize that the consumer doesn’t care whether it is paid, owned or earned. Shareability is the new social currency.

I have written about this before so I am no less guilty of using the FTC workshop as a soapbox than any of the participants.  But it bears repeating: Developing a story so good that consumers are driven to share is the real goal. It’s not an either/or — either you use paid media OR you use earned media OR you use owned media.The best marketing strategies rely on all three tactics.

  Sharing Venn Diagram

Shared Media: Social’s New Currency
Source: BlogHer

And don’t shortchange disclosure in an attempt to make the message more appealing. It’s not necessary, and when you do so, you begin your relationship with your customer based on a lie. And really, that never works out well. In life or in business.

Filed Under: Blogging, Ethics, Influencer Marketing, The Marketing Economy

Old Spice: Bring back the man on the horse!

January 7, 2014 by Susan Getgood

Boys, use Old Spice, you’ll get laid, and your mom will turn into a crazy stalker who doesn’t brush her hair.

Old Spice has rung in the New Year with a new ad campaign for its teen-skewed products, and I hate it. And not just because I don’t think the joke is funny.

I understand the premise. The “joke” is based on the stereotype that no mother wants her son to grow up, therefore she is bereft when her teen son develops a social life. Like most stereotypes, it has its basis in reality. Not mine, mind you, but I can believe that some women do have separation issues.

But this campaign is creepy. Weird, stalker-y creepy. Oedipal and then some.

Will it get a lot of buzz? Sure. It is deliberately polarizing, which by the way, leads to no small amount of cognitive dissonance for those of us who don’t like the ads but feel compelled to write about them anyway.

But will it sell any product? An ad campaign that gets tons of attention (negative or positive) or wins awards for the creative agency, but doesn’t actually sell anything? Not a win.

If my Facebook feed is any indication, a few folks in my social graph like these ads. Men and women.  It’s just a joke, they say. Look at the crazy ladies… Yeah? Call me humorless if you like, but would we still think this is funny if we switched up the gender? If this were a product for teen girls, and a father displaying such extreme behavior? Doubt it. We’d wonder if he was abusing her.

But it’s a moot point, because a campaign like that would never get off the drawing board. The advertising industry isn’t averse to using the overprotective dad, but it draws the line at making the stereotype so broad, so unattractive. Overprotective dad is the relatively normal guy who still sees his toddler girl behind the wheel even though she is all grown up.

Or chases after the fast food-eating kid who was “hanging out” with his daughter.

Mostly normal. Not a raging lunatic following the kid around like a creepy stalker.

Which is why even if this campaign did send teen boys into the store in droves in search of the magic spray that will get them a…  GIRL, I would still call it a fail. Because it’s lazy and dangerous. It’s so easy to fall back on a prevailing stereotype of women in advertising — madonna, whore, harridan or shrew. Ha ha ha. Isn’t it funny?

Except it’s not funny. It’s dangerous.

Because when we support this “funny” stereotype — overprotective moms are shrewish monsters and overprotective dads are touchingly cute, we perpetuate more harmful ones. You know. Men are assertive. Women are aggressive. Men are persuasive. Women are pushy. And so on.

But in the end, I don’t think this campaign will drive sales the way it has drawn online buzz. The old adage, oft attributed to PT Barnum, that it doesn’t matter what they say about you as long as they spell your name right only goes so far. Sometimes the accumulated negative buzz really does damage your brand.

For my part, I say bring back the man on the horse!

 

For more on the “Mom Song” campaign, check out Hello Oedipus Old Spice Made Some Ads For You by Deb Rox.

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Filed Under: Advertising Tagged With: Old Spice

Matching the social platform to the marketing objective

December 31, 2013 by Susan Getgood

Matching the social platform used in a marketing campaign to the marketing objective of the campaign is the first step  of successful strategy. Yet, all too often, early adopters rush to the shiny new object, regardless of whether it is the right choice for the specific need. And on the extreme opposite of the spectrum, risk averse marketers wait. And wait. Until all the proof is in, and any opportunity for first (or even second) mover advantage is lost.

We want to aim for the middle ground – to be in the right place for our audience with the right message at the right time.

Let’s break it down.

Right platform? Consider the social platform in the context of your marketing objectives.  Is the platform conducive to your marketing need?

  • Blogs: The deep content on blogs drives readers through to consideration and often purchase. More than 85% of the BlogHer audience has purchased a product based on a recommendation from a blog (BlogHer Social Media Matters 2012).
  • Pinterest: Its curated content with aspirational and inspirational appeal acts as  long term consideration sets for consumers.
  • Facebook: Personal connections pique interest and foster consideration.
  • Twitter: Broad amplification drives awareness

Drive To Purchase Funnel

The Social Purchasing Funnel
Image Source: BlogHer marketing materials

Right time? Is your audience actively using the social platform? If your customers aren’t actively using a social platform, it doesn’t matter that it is the hot new thing. It is not the hot new thing for your brand. Continue to monitor, but move on, at least for now, for your overall marketing strategy. If you sense potential for the platform, be vigilant for an inflection point – that moment when enough of your audience is actively using the platform for it to be potentially useful in your marketing strategy. Maybe even test it with small pilot projects, but don’t expect any ROI from these pilots other than knowledge about the platform and your customer base. You are asking for failure if you expect your pilot project to deliver significant sales results.

Right message? Is your audience receptive to hearing about or engaging with your brand on this social channel? That they might not want to talk about your product doesn’t mean they might not engage with your company on related topics, but be honest about what you are bringing to the online conversation. Some advice I wrote in 2008 about the secret sauce for a perfect blog pitch might prove useful in this exercise.

You should spend at least as much time thinking about WHAT you want them to say/do, HOW you want them to react and engage with your brand, as you do slicing and dicing the demographics. More really, but I’ll settle for equal time to start. The social platform may be perfect and your audience ready and willing to engage with you, but if your message is forced and inauthentic, it will at best fall flat. At worst, you’ll understand the dark side of “viral” which is far closer to the real world meaning of the word than the sentiment behind the oft-repeated mantra of the social era: <clueless enthusiasm> let’s hope our story goes viral !</clueless enthusiasm>

Spend the time to sanity check your message and your ask, against the audience and the platform, and once you get started, monitor the community reaction closely and adjust as necessary. Spelling your name right is not a good substitute for positive brand awareness and corporate goodwill.

Filed Under: Blogger relations, Influencer Marketing, Social networks, The Marketing Economy

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