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The Five Fish

The Five Fish

Sunday, November 15, 2009

Ad or Review, Sweep or Sham

The FTC has ruffled so many feathers lately among bloggers and advertisers. I find the ruckus to be rather amusing. The FTC is based on fair trade for consumers and vendors alike. My personal dealings with the FTC were brought to my attention over 10 years ago when working in the car business. You see that MSRP sticker...what we call the Maroney, is there because of the FTC. The "Buyer's Guide" on all used cars is really a FTC disclosure that dealers were or are not implying nor stating that the vehicle you are purchasing used has any warranties implied or there within, but the vehicle is "As IS" if not otherwise stated.

Full disclosure is fun.

Now here is what is even more fun. When PR or a vendor asks for you to review their product they are basically asking for advertising, free advertising on your blog. Well I should not say FREE, because technically PR paid for the product and or "sample" to send to you for you to promote and you receive and keep said product for payment. But here is what is fun about bloggers. Some claim "cut and paste" of press releases, which is completely fine as LONG AS the press release adheres to the FTC guidelines of "deceptive, unfair advertising" [Source: FTC, 2009] and to be sure that the wording is not making specific "claims" expressed or otherwise.

Your opinion is one thing, the copy and paste....well no harm really in doing that UNLESS the press release falls into the aforementioned of "claims....deceptive and/or unfair advertising." In which you and the advertiser will be fined. Plain and simple.

Now.....lets move past the already rehashed and regurgitated bullshit of ads, reviews, FTC, bloggers, blah blah blase and into Sweeps. Yes, giveaways, contests, swag for loot whores. We are all loot whores. Who does not want free goods. Who does not want anything free? Sweeps have been scrutinized heavily on the conduct, the integrity, the moral fiber in which they are threaded through the blogosphere and otherwise. All the rules are basically the same, Tweet, follow, comment, blah blase.

Did you know this is more than likely against the law? Yes. Just like the claim telling someone that their charitable contribution is unlawful for extra entries into a sweep, your blog sweep....MY BLOG SWEEPS are more than likely unlawful. While we are offering the "no purchase necessary" catch line, technically we are requiring people to visit our blog to enter. They have to enter that way right? Guess what...NOPE. In fact, we can offer postcards for entry. Don't believe me....read more....then have fun bickering and creating rules amongst yourselves. Be advised....the FTC also has oversights into sweepstakes as well.....if you thought the FTC was crawling up asses before....maybe you should be more aware of your "compliance" and actually read up on the FTC, what they do, how they represent YOU, other consumers, etc.



This post has every intents and purposes to be informative.
In no way attacking, finger-pointing, accusatory, and should not be considered as such.

Are there any rules about ads for contests or sweepstakes?

Sweepstakes-type promotions that require a purchase by participants are illegal in the United States. Other agencies, including the United States Postal Service (USPS) and the Federal Communications Commission (FCC), also enforce federal laws governing contests and prize promotions. And each state has laws that may require promoters to make disclosures, seek licensing, or post a bond. Since state laws vary, check with the Attorney General's Office in the state(s) in which you plan to advertise. If a contest or promotion involves telephone calls, the FTC's Telemarketing Sales Rule requires specific disclosures, such as the odds of winning a prize, how to participate without buying anything, and that no purchase or payment is required to win. If pay-per-call services are involved, the FTC's 900 Number Rule requires certain disclosures. For more information, ask the FTC for the publications Complying with the Telemarketing Sales Rule and Complying with the 900 Number Rule. [Source: FTC, 2009]

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Tuesday, October 13, 2009

Step2 Creative Kids in the Kitchen Contest

Step2.com, thefivefish.com
Step2 is introducing a wide array of new kitchens covering a variety of price points, home décor styles and play pattern needs. Whether for boys or girls, experts like best-selling children’s cookbook author, Barbara Beery agree that having and using a play kitchen in a home builds imaginations and cultivates a love for cooking while helping to promote a lifetime of healthy eating habits.

Frigidaire.com, appliances, thefivefish.com, contest
                      

To celebrate creativity in the kitchen for both parents and kids, Step2 is announcing a national contest that will award ONE grand-prize of a NEW DREAM KITCHEN SUITE from Frigidaire, including a refrigerator, dishwasher, over the counter microwave, and oven, as well as a new Step2 toy kitchen of their choice.
step2.com, Step2, Frigidaire, kitchen, cooking, thefivefish.com

The “Step2 Creative Kids in the Kitchen Contest” is asking families to submit an essay of 250 words or less on how they foster creativity when cooking and have fun in the kitchen together. Second place prize is a Step2 kitchen of their choice, while one third place winner will receive a $50 gift certificate good toward any toy on Step2.com.

The Step2 Creative Kids in the Kitchen Contest begins on September 15, 2009 at 12:01 a.m. ET and ends on December 4, 2009 at 11:59 p.m. ET.

[Source: Step2 IPK]

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Monday, June 29, 2009

All In The Name Contest and Giveaway Part 1

Many of you may, or may not, have seen my post about the controversy I had started with my "Little Bitty" name for my soaps. Well some woman felt very threatened by the competition and I for one, would hate to feel like I stole her thunder, I so willing agreed to comply to a name change. Besides.....my soap is not little, in fact, the scent is HUGE and so are the bars. So I am bragging, whatever, at least I am confident in my abilities, you have to be in a doggy dog world.

Anyway, I have been stewing this weekend trying to devise a plan for a new name. I know I cannot do this job alone. I am not too proud to ask for help either, which is why I am asking YOU, my faithful friends, family, and readers to help me in the daunting task of formulating a new name for my soapery business.

Here are some helpful hints to play on:
My full name is Karie Noel Herring, Hudson is my maiden name, I live in Arizona, anything else you already know, or semi-know, or will know at the end of all of this! LOL

Here are the fun deets:

  • Visit the blog that I share with my sisters, that we have neglected lately. (I can hear a whip cracking as I say that we have neglected this.)
  • Come back and leave me a comment telling me a name you would suggest for the soap business.
  • Come back and leave me a comment telling me which soap you would like to have, which soap and or bath item you would like to try, and what soap, scent, and formula (dry skin, sensitive, baby, etc) you would like to see made
Those are the basic entries, here are the extra credit ones!
  • Fave my blog on Technorati (button at the top makes it easy. *wink)
  • Stumble this post
  • Follow me (if you don't already)
  • Follow the blog I share with my sisters (if you don't already)
  • Follow me on Twitter (if you don't already)
  • Twitter this, get more ideas for names, post for the tweet and any new name ideas
  • Blog about this Giveaway and Contest with a Link Back (worth 5 entries!)
~~~*** But remember, the first three deets must be completed before any extra entries will be accepted. The more names submitted, the more chances to win!~~~***

Now here is how the winner will be chosen. I personally....WILL NOT CHOOSE!! I know, how crazy of an idea is that!!?? Seriously, I am putting this task in your hands, the power of the people, how very democratic of me right?! Yup, so then I don't have to worry about hurting feelings! I will post all the names and you get a chance to vote on the name....and only one vote per person to be totally fair and allow everyone a chance to participate. So this is a 2-part giveaway!

What do you win when a name, or a few names are chosen? My bath products of course....but you will have to wait and see until Part 2 of the Giveaway and Contest!!
Part 1 of the giveaway ends July 13th at Midnight AZ Time.
Have fun!!

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Saturday, June 27, 2009

No More Little Bitty Soap

My shop that I named after my daughter, MY Little Bitty, is no longer. Some broad in Canada says she has a copyright. Actually that would be a TRADEMARK under intellectual property laws, but she would know that right? If she REALLY registered her name.....and had it protected under "international law"? Right? Right? What do I know about that...I am just a dumb SAHM.

Anyway, she sent me this nasty letter, that I will include for you all to read. So being that I am a nice person and very easy going, and had no ILL INTENTION AT ALL to "infringe" on her Etsy name, that obviously has not generated traffic which is why she is probably all bitter with me, but I am generous enough to change my name.

Now I am faced with a dilemma......................what to name the soap company. You can see my Little Bitty is not happy with this.



So I am going to do something FUN! And everyone gets to help me, share in the wealth, and get some free loot! Something for basically nothing!

I am going to post all my soaps for sale on the blog I share with my sisters, which has been so badly neglected. Sigh, but better than wracking up charges and headaches. Sheesh!

No more Little Bitty Soap.......the name will be?????????????????????????

YOU GET TO SUBMIT IDEAS AND NAMES!!!

That's right, and in favor, I will send some swag your way. How awesome is that!? I am working on all the details and the post as I type this one, but hang tight....because I have all sorts of new soaps that I have created in my little homemade apothecary slash soapery so lots to choose from, all for helping me out and being so fabulous!

Have fun reading this womans letter to me, I had fun deleting all my listings and then putting:
NOT TO BE CONFUSED WITH THE LITTLE BITTY SOAP COMPANY

I would hate for her to get all sorts of unnecessary traffic from poor, pity, little, bitty, me.

Little Bitty Soap Company
3357 Highway 97
Lac La Hache, B.C.
Canada
V0K 1T1
email: info [!at] littlebittysoapco.com

URGENT

Dear Sirs,

Re: Company Name

It has come to our attention that you are Using the Company name "Little Bitty Soap" in direct breach of our rights under International Copyright Law" ].

You have 10 days to remove the name "Little Bitty Soap" from Etsy and discontinue using the above listed company name in entirety , and confirm in writing to the address at the head of the letter that you will not repeat this infringement" ]

Failing this, we will apply for an injunction, and will also seek to recover costs and damages (plus interest) for your tortious acts and conduct.

This is our final communication to you on this matter, and we look forward to hearing from you as a matter of urgency.

Yours faithfully
Gillian DeConto, owner
Little Bitty Soap Company

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