DMA: Data and Marketing Association
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Data & Ethics: Marketing Offers, Terms & Conditions

Know the “must-have” keys to regulatory compliance for sweepstakes and other marketing offers, terms and conditions.

$99 non-members $149

This course is not currently being offered. If you are interested in learning about upcoming education opportunities, visit https://www.ana.net/schoolofmarketing

Course Description

Starting July 2018, the Data & Marketing Association begins enforcing Data Standards 2.0 updates to its longstanding self-regulatory rules governing ethical marketing practices. (The newly updated Guidelines for Ethical Business Practice can be viewed here.) In this module, the Data & Marketing Association’s Advocacy and Accountability leaders will walk you through the critical issues pertaining to marketing offers, terms and conditions as covered in DMA’s self-regulatory guidelines – and what you need to know in order to remain in compliance.

Instructors will review the complete Guidelines for Ethical Business Practices and discuss in particular the articles related to marketing offers, advanced consent marketing, special offers and claims and sweepstakes. Any additional questions regarding implementation of the standards can be directed to DMA’s Ethics and Compliance Department at ethics@thedma.org.


  • Review of the DMA Guidelines for Ethical Business practices 10 principles
  • Requirements for marketing offers including how to handle sponsors, solicitation, the use of artwork, and more
  • Requirements for special offers and claims, including the use of the word “Free”
  • Requirements governing sweepstakes
  • Self-regulation and the DMA Ethics Committee


Senny Boone
General Counsel, SVP, Compliance & Ethics Data & Marketing Association Read Biography »
Lisa Brown Shosteck
DMA Accountability Managing Consultant — DMA Privacy Shield Program Administrator — Director, Email Experience Council Data & Marketing Association Read Biography »

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  • Why data governance is important
  • DMA Accountability – Provisions and tools

Review of the DMA Guidelines for Ethical Business Practices

  • Principles 1 – 10
  • Self-regulation in the marketing community

DMA’s Articles – Offers, Terms & Conditions

  • Key terminology from the Guidelines defined
  • DMA Guideline articles that apply to terms of a marketing offer
    • Honesty and clarity of the offer
    • Accuracy and consistency
    • Clarity of representations
    • Conditions
    • Disparagement
    • Decency
    • Photographs and artwork
    • Disclosure of sponsor and intent
    • Accessibility
    • Solicitation in the guise of an invoice or governmental notification
    • Postage, shipping or handling charges
  • Advanced consent marketing
    • Initial offer
    • Material terms and conditions
    • Pre-acquired account information
  • Special offers and claims
    • Use of the word “Free”
    • Use of pricing comparisons
    • Use of guarantees or warranties
    • Use of test or survey data
    • Use of endorsements and testimonials
  • Fulfillment
    • Unordered merchandise or services
    • Product availability and shipment
    • Dry testing


  • Overview
    • Background
    • Why sweepstakes?
    • Sweepstakes regulations, concerns and issues
  • Ethical Guidelines for Sweepstakes
    • Use of the term “sweepstakes”
    • No purchase option
    • Chances of winning
    • Prizes
    • Premiums
    • Disclosure of rules
  • Bad Practices
  • Examples of non-compliant sweepstakes cases

Collection, Use and Maintenance of Marketing Data

  • DMAChoice.org
  • Marketing lists
  • Actions taken by DMA Ethics Committee against non-compliant companies
  • Marketing and self-regulation resources

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  • “I know budgets are tight, but this is an opportunity that pays for itself instantly. A single tip from any of the DMA seminar could pay for the costs of the whole training. I’ll be learning secrets from practicing experts and industry thought leaders.”
  • “I’ll become more proficient in industry best practices, as well as on the latest tactics and technologies in today’s ever‐evolving marketing landscape. From direct mail to data governance, social media to email marketing; the DMA has all of our needs covered.”

I can share what I learned after the seminar; maybe host a brown‐bag working lunch and present the team with all the new techniques, strategies, and ideas I’ll come back with. Combining my own notes and ideas with the session handouts provided by the DMA, I’ll have plenty of inspiration and information to share when I return. Besides… this’ll allow everyone to get trained all for the price of sending just one person; and the team will definitely appreciate the opportunity to find out about the latest strategies used by many of our competitors today.

Still presenting itself as a hard sell? Inform your boss that your course can go on their accomplishments at the end of the year for their review: “Trained staff to improve results!” This is a win/win.

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