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DMA: Data and Marketing Association
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Course Details

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 Take This Course

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.

Topics

  • 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

Instructors

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Senny Boone
General Counsel, SVP, Compliance & Ethics Data & Marketing Association Read Biography »
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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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Overview

  • 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

Sweepstakes

  • 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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