LANSING, Mich., Sept. 17 /PRNewswire/ --
In conjunction with Neogen Corporation's (Nasdaq: NEOG) First Quarter earnings release, you are invited to listen to its conference call that will be broadcast live over the Internet on September 24 at 11 a.m. eastern time, with James Herbert, president of Neogen Corporation.
What: Neogen Corporation's First Quarter Earnings Release
When: September 24 at 11 a.m. eastern time
Where: http://www.videonewswire.com/event.asp?id=1122
How: Live over the Internet -- Simply log on to the web at the
address above
Contact: Rick Kanaby
Neogen Corporation
517-372-9200
rkanaby@neogen.com
If you are unable to participate during the live webcast, the call will be archived on the Web site www.neogen.com . To access the replay, click on www.neogen.com/invest.htm .
(Minimum Requirements to listen to broadcast: The Windows Media Player software, downloadable free from http://www.microsoft.com/windows/windowsmedia/EN/default.asp, and at least a 28.8 Kbps connection to the Internet. If you experience problems listening to the broadcast, send an email to isproducers@prnewswire.com .)
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More stock issues have seen their share prices fall this year despite an increase of 62 percent in the composite stock price index, the Korea Stock Exchange said yesterday.
In a report, the KSE said share prices of 327 of the 697 issues listed on the stock exchange increased this year compared to the 365 which headed in the opposite direction. Five remained at about the same level.
The composite stock price index, meanwhile, closed at 949.26 last Friday, up 61.6 percent over the 587.57 at the beginning of the year, stock exchange officials said.
The issue that posted the highest increase was Hansol CNS which soared from the 740 won at the beginning of this year to 14,600 won last Friday for a whopping increase of 1,873 percent.
Hansol CNS was followed by Trigem Computer whose shares increased in value by 1,598.8 percent during the corresponding period and a number of small companies specializing in electronics and telecommunications.
Outstanding among the issues that saw their value increase drastically was SK Telecom which closed at 2,799,000 won Friday, up 300.4 percent since the fist day of trading this year.
Of the 20 companies which saw their stock prices increase by more than 300 percent, most were companies specializing in information and communications and those providing Internet-related services.
At the other end of the spectrum were several subsidiaries of the financially troubled Daewoo, Hyundai Pipe, Woobang Housing and Construction, Shinho Paper and Kia Special Steel.
``Overall, companies in fields like electric machinery, iron and steel, beverages and wholesalers did well with those in construction, mining and nonmetallic minerals performing poorly,'' one KSE official said.
BERKELEY, Calif., Oct. 2 /PRNewswire/ -- HealthDesk Corporation (Nasdaq: HDSK), a consumer healthcare software company, announced today that it had signed a definitive agreement with Patient Infosystems (Nasdaq: PATI) to sell its consumer healthcare business and Internet technology assets for approximately $600,000. This transaction is subject to shareholder approval by the stockholders of HealthDesk Corporation.
Under the terms of the transaction, Patient Infosystems will acquire substantially all of the assets of the Internet-based products, HealthDesk OnLine and HealthDesk CareTeam Connect. The purchase will include, among other assets, intellectual property, inventory, hardware and software.
This transaction is consistent with HealthDesk's prior announcements regarding its intent to merge with MC Informatics and sell its current consumer healthcare business and technology.
"Safe Harbor" statement under the Private Securities Litigation Reform Act of 1995: This release contains forward-looking statements that are subject to risks and uncertainties, including, but not limited to, the impact of competitive products and pricing, product demand and market acceptance, new product development, reliance on key strategic alliances, fluctuations in operating results and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission.
Newswire/ --A national coalition representing the nation's leading African American organizations filed comments with the Federal Communications Commission today in support of AT&T's acquisition of T-Mobile USA. In its federal filing, the coalition argued that a completed deal would provide African Americans enhanced access to the most technologically advanced tools available to more effectively compete for business opportunities and better jobs. While the African American community continues to face unemployment rates higher than the national average, limited access to quality health care, near second class educational opportunities, and inconsistent access to the fastest wireless Internet connections - despite high usage rates - this merger could be the antidote to several community challenges.
"AT&T's acquisition of T-Mobile has the potential to benefit consumers, communities and workers alike. AT&T has been among the highest ranked in the telecommunications industry for its commitment to diversity in terms of procurement, philanthropy, promotion and hiring at the federal, state and local levels," NAACP Senior Vice President Hilary Shelton said. "Wireless broadband is an integral tool in promoting civic engagement and as such is crucial to voter empowerment. We are hopeful that this acquisition will further advance increased access to affordable and sustainable wireless broadband services and in turn stimulate job creation throughout our country."
Sharon Weston Broome, Chairwoman, NOBEL Women was one of leading intergovernmental organizations that pledged their support. Collectively, the signatory groups represent the approximately 40 million African Americans in the United States.
A recent study by the Pew Research Institute shows that roughly 90 percent of African Americans own a cell phone and more than 60 percent are wireless Internet users. Despite being at the technological forefront, however, many African American users frequently contend with substandard and inconsistent access on congested urban wireless networks or limited offerings in rural areas.
In the FCC filing, the coalition also commended AT&T's demonstrated commitment to maintaining a diverse workforce and supplier base. Minority-owned firms make up 20 percent of the company's suppliers and nearly 40 percent of AT&T employees are people of color. The coalition also noted in the FCC support letter the likelihood for increased investments after the proposed merger could provide the African American community with more educational opportunities, expanded healthcare services via telemedicine, enhanced business and employment opportunities.
"The merger of AT&T and T-Mobile will mean more diplomas, better jobs and healthier African American families," National Coalition of Black Civic Participation's President and CEO Melanie L. Campbell said. "A combined AT&T-T-Mobile also will help achieve the Federal Government's goal that our organizations share: 'Connecting every part of America to the digital age.'"
SOURCE National Coalition on Black Civic Participation
National Coalition on Black Civic Participation
Keywords: Acquisitions, American Coal, Broadband, Electronics, Energy, Federal Government, Mergers, National Coalition on Black Civic Participation, Networks, Oil & Gas, Politics, Telecommunications, Wireless Internet, Wireless Network, Wireless Technology.
This article was prepared by Energy Weekly News editors from staff and other reports. Copyright 2011, Energy Weekly News via VerticalNews.com.
The Alliance for Jobs and Sustainable Growth, a coalition of business and labor, has announced its support of the Bay Area Wireless Enhanced Broadband System (BayWEB), a new wireless broadband network that promises to help law enforcement, create jobs, and improve wireless access in underserved areas.
"Business and labor don't agree on everything, but we agree that this public-private project is necessary because it will help law enforcement agencies communicate better in emergency situations," said Leon Chow of SEIU-United Healthcare Workers West and an Alliance leader. "BayWEB will improve the safety of the entire Bay Area by providing law enforcement agencies with a state-of-the-art, interoperable, LTE 4G broadband network."
The Alliance reported that it cites three reasons for supporting BayWEB: it helps public safety; it creates jobs; and it increases broadband access to underserved areas and institutions such as community colleges, hospitals, schools and libraries.
Steve Falk, President of the San Francisco Chamber of Commerce and an Alliance leader, emphasized job creation.
"This project will bring 1,300 jobs into the Bay Area," said Falk. "We need this kind of project in tough economic times. Unlike most projects, the timeline is immediate and the positive impact will be felt within the first two years."
According to a resolution passed unanimously by the Alliance, the group noted that BayWEB will provide public broadband access for Bay Area community colleges, hospitals, health care providers, public libraries, and schools as well as business and residential customers in areas with limited or no access to high-speed Internet.
The resolution also says that for public safety users, BayWEB will deploy a "comprehensive LTE 4th Generation wireless broadband network."
"This state-of-art system will support data interoperability, allowing Bay Area emergency responders to connect on a common dedicated data network for the first time," says the resolution. "In a disaster situation, BayWEB will enable emergency responders to have broadband access to mission-critical information and improve the delivery of health and safety services to millions of Northern California residents."
BayWEB will provide economic benefits for the entire Bay Area. The build-out and deployment of the BayWEB network is estimated to create more than 1,300 jobs.
((Comments on this story may be sent to newsdesk@closeupmedia.com))
REDWOOD CITY, Calif., May 12, 2011 /PRNewswire/ -- Omidyar Network announced today it has committed $1.5 million over two years to African Leadership Academy (ALA), an institution dedicated to cultivating a new generation of African entrepreneurs. ALA will use the funding to strengthen its ability to identify promising young students, build its entrepreneur development program, and provide life-long support for a network of more than 6,000 leaders across Africa.
"Omidyar Network believes that entrepreneurship is a driving force for creating positive social impact," said Arjuna Costa, Director of Investments at Omidyar Network. "By supporting Africans with great ambition, talent and leadership potential, ALA is enabling future entrepreneurs to pursue their ideas and ultimately accelerate social chance from within the continent."
ALA addresses critical gaps in the support system for Africa's future leaders. The academy provides a superior high school curriculum as well as access to opportunities in higher education, both of which are often unavailable to capable students. ALA graduates become part of a lifelong network that can be tapped for knowledge, ideas, connections and capital. ALA also fosters a commitment amongst its students to return to the continent and leverage their abilities to support the future of Africa.
ALA has attracted considerable talent since its creation in 2004; its campus represents 48 of Africa's 53 countries. In June 2010, ALA graduated its inaugural class of 93 students, who received over $9.5 million in scholarship and were accepted into the world's top universities, including Harvard, Stanford, and Oxford. Since 2008, it has accepted 400 students from a pool of over 9,000 applicants.
"Omidyar Network is a valuable partner to ALA; they understand the significance of nurturing an ecosystem for entrepreneurship in Africa similar to that of Silicon Valley," said Fred Swaniker, founder of ALA. "With their support, ALA can grow a new generation of leaders that will shape the future of Africa."
About African Leadership Academy
African Leadership Academy (ALA) seeks to transform Africa by developing a powerful network of leaders that can achieve extraordinary social impact. Each year, ALA brings together the most promising young leaders from all 54 African nations for its pre-university program in South Africa. Students complete a unique curriculum focused on leadership, entrepreneurship and African studies. ALA cultivates these leaders in university and beyond, providing ongoing leadership training and connecting them to people and capital that can catalyze large-scale change. For more information, visit, www.africanleadershipacademy.org.
About Omidyar Network
Omidyar Network is a philanthropic investment firm dedicated to harnessing the power of markets to create opportunity for people to improve their lives. Established in 2004 by eBay founder Pierre Omidyar and his wife Pam, the organization invests in and helps scale innovative organizations to catalyze economic and social change. To date, Omidyar Network has committed more than $400 million to for-profit companies and nonprofit organizations that foster economic advancement and encourage individual participation across multiple investment areas, including microfinance, property rights, consumer internet, mobile and government transparency. To learn more about Omidyar Network, visit www.omidyar.com.
SOURCE Omidyar Network
The Spring issue of Lanzarote Guidebook - the in depth island tourist guide - is out now. And it has been enlarged to accommodate an all new Food and Drink section. Which includes information about Canarian cuisine and wine and a guide to the best places to eat and drink around the island.
Memorable meals and new tastes and flavours form an integral part of the holiday experience for many tourists. And the new Spring issue of Lanzarote Guidebook aims to help visitors to this popular Canary Island get the most out of their stay by providing an impartial guide to the best restaurants on Lanzarote. Which have been selected not just on the quality of their food alone, but also because of their location, views and overall ambience. Enabling visitors to take a direct short cut to some of the local[acute accent]s most popular spots and helping them to find a decent place to eat when they are touring Lanzarote and taking in its many attractions.
Featured restaurants range from simple beach side locations serving cheap, fresh fish through to high end up market eateries. All of which boast that little extra something that help to make them stand out. And all of the selected restaurants have been visited regularly by the Guidebook[acute accent]s editorial team, who have all lived on the island for many years.
The new 108 page Spring issue of Lanzarote Guidebook is also packed with useful information for tourists. Including in depth guides to all of the main resorts and local maps. An introduction to the work of the famous local artist Cesar Manrique, who had a profound influence of the development if tourism on the island. As well as comprehensive sightseeing information, a guide to all of the main island attractions such as the Timanfaya Volcano Park, information about the best beaches to visit and much more besides. All of which is illustrated with some stunning visuals of Lanzarote.
Lanzarote Guidebook is written by island residents and published every quarter. So unlike conventional guidebooks it[acute accent]s always contemporary and up to date. And tourists can download a copy entirely free of charge by visiting www.lanzaroteguidebook.com, or any of the official tourist information offices on the island.
Keywords: Internet, Multimedia, Online, Tourism, Travel.
This article was prepared by Leisure & Travel Week editors from staff and other reports. Copyright 2011, Leisure & Travel Week via VerticalNews.com.
The exponential rise in popularity of social networking websites and other social media outlets such as Facebook, Twitter, LinkedIn, and individual blogs, is due in large part to their viral nature. Social networking sites are essentially self-promoting, in that users spread the word for the sites. The more quickly social networking sites grow, the more quickly they spread. The viral quality of social media makes it an appealing way for businesses to market products and services, and marketers have long recognized and tapped the potential of social media outlets. Many advertisers have conducted consumer promotions involving social media to generate attention to and participation in their promotions, thereby maximizing brand exposure. Incorporating social media into a marketing campaign is not, however, without legal risks. Companies utilizing the power of social media must be cognizant of the relevant legal issues in order to protect themselves from liability risks.
Trademark and Copyright Issues
It is of the utmost importance for companies to protect their own trademarks and copyrights when using social media to promote their brands. A company's brands and other intellectual property are often nearly as valuable as the products or services that they offer. Social media's capacity to facilitate informal and impromptu communication - oftentimes on a real-time basis - can aid companies in promoting their brands and disseminating copyrighted material, but it can also facilitate third-party abuse of a business' trademarks and copyrights.
When using social media, whether via a third party outlet or a company's own social media platforms, marketers should regularly monitor the use of their trademarks and copyrights. Companies should monitor their own social media outlets as well as third-party social media platforms to ensure that their intellectual property is not being misused by those providing content through the media outlets. Internet monitoring and screening services are available to monitor the use of your business' marks and copyrights on thirdparty sites, including checking social media sites for profile or user names that are identical or substantially similar to your company's name or brands. This form of business impersonation can damage a company's brand and reputation if left unchecked; such monitoring can also serve as a positive indicator of business success. Companies should consider reserving, on various social media sites, user names that match or closely resemble their trade names and marks.
Social networking sites generally have terms and conditions that prohibit trademark and copyright infringement, and many sites, such as Twitter, also have rules regarding business and/or celebrity impersonation. Twitter terms and conditions state, in relevant part:
Using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others or be used for financial gain may be considered a trademark policy violation. Accounts with clear intent to mislead others will be suspended; even if there is not an explicit trademark policy violation, attempts to mislead others may result in suspension.
Twitter has specific provisions governing business or individual impersonation and name squatting. A well-known lawsuit involving allegations of impersonation on Twitter involved Tony La Russa, Manager of the St. Louis Cardinals Major League baseball team. In May 2009, La Russa sued Twitter for trademark infringement for allowing an impersonator to use La Russa's name as a Twitter profile name and post offensive "tweets" under the name. The case was eventually settled. Anthony La Russa v. Twitter, Inc., Case Number CGC-09-488101 (Cal. Super. Ct., San Fran. Co., May 6, 2009).
Many social media outlets have procedures by which entities or individuals can report trademark or copyright abuse to the outlet, which may then take appropriate actions, including suspending the responsible user's account and removing infringing content. In fact, many social media companies, including Facebook, YouTube, and Twitter, provide instructions specifically for submitting a takedown notice relating to allegedly copyright infringing content, a procedure that can afford the social media outlets some immunity under the federal Digital Millennium Copyright Act (which is discussed in detail below).
In addition, companies should have terms and conditions for their own social media outlets, with provisions specifying how to properly use the company's and/or third parties' intellectual property. Marketers conducting certain types of social media marketing campaigns, particularly promotions and user-generated content campaigns, should have rules in place that include specific prohibitions regarding trademark and copyright infringement and impersonation.
General Legal Standards Applicable to Social Media Marketing
The law treats advertising and marketing via social media just as it does similar practices as they are employed in the context of traditional media. The backbone of federal consumer protection law is Section 5 of the Federal Trade Commission Act, which is enforced by the Federal Trade Commission (the "FTC") and declares that unfair or deceptive acts or practices are unlawful. Most states have statutes modeled after the FTC Act, known as "mini-FTC Acts"; many of these laws expressly provide that the mini-FTC Act should be interpreted in accordance with FTC guidance and case law. States may also (or alternatively) have general false advertising laws, or prohibitions of specific types of deceptive and misleading conduct such as advertising misleading price comparisons, rebates or sweepstakes promotions. Social media marketing campaigns must comply with these laws and their implementing regulations.
As with advertising through any channel, marketers using social media must ensure that their advertising claims are truthful and accurate and that they have substantiation for their claims before disseminating them. They must also clearly and conspicuously disclose all material information regarding an offer in their advertisements.
Companies that have relationships with third-party affiliate marketers should ensure that those affiliates comply with advertising and marketing laws in marketing the companies' products or services through social media. Businesses should have agreements with affiliates requiring the affiliates to comply with all applicable federal, state, and local laws and regulations; it may be prudent to include specific representations and warranties by the affiliate with respect to compliance, with specific references to significant laws such as the FTC Act. The agreements should also have a provision whereby the affiliate agrees to indemnify the company (either though a mutual indemnification or otherwise) from liability arising out of the affiliate's conduct - preferably with a provision requiring that the affiliate carry sufficient insurance to fund the indemnification should it be triggered. On a related note, confidentiality provisions and related provisions ensuring data security have become increasingly important in the current legal environment, particularly in agreements involving cross-border activities where consumer personal information is collected online. Additionally, businesses should, to the extent it is feasible, monitor the advertising and marketing practices of affiliates and review their marketing materials before they are disseminated. A company should take similar measures with respect to third parties who market through social media outlets operated by the company.
A recent lawsuit in this area is Swift v. Zynga Game Network Inc., No. CV-09-5443 (N.D. Cal. Nov. 17, 2009). In November 2009, Facebook was named in a federal consumer class action suit alleging that advertisers disseminated deceptive ads through games offered on the social media site, such as Mafia Wars and Farmville. The company that offers many of the games on Facebook, Zynga Game Network Inc. ("Zynga"), was also named in the suit. The suit alleges that third party marketers published deceptive advertisements through Zynga-produced games on Facebook, and that Facebook and Zynga received payments for the ads. The suit seeks to hold Facebook and Zynga liable for its alleged involvement in the dissemination of the advertising.
Complying with the Terms and Conditions of Social Media Outlets
Social networking websites generally have terms and conditions in place that govern the use of their sites. Some sites' terms and conditions contain provisions specifically regulating advertising and other commercial practices conducted on the site, including consumer sweepstakes, contests, and giveaways.
LinkedIn, for example, prohibits users from disseminating any unsolicited or unauthorized advertising or promotional materials. Twitter prohibits the use of the site to disseminate mass unsolicited messages (i.e., "spamming"). According to Twitter's rules, what constitutes "spamming" will evolve as the site responds to new tactics used by spammers. Twitter's rules list several factors that the site considers in determining what conduct constitutes spamming, including whether a Twitter user has followed a large number of users in a short amount of time; whether a user's Twitter updates consist mainly of links and not personal updates; and whether a user posts misleading links. Facebook has rules in place (discussed in detail below), which were substantially revised and updated last Fall, that specifically govern the administration and advertisement of promotions on the site.
In addition to complying with the provisions of a social networking site that are directly applicable to advertisers, when designing promotional activities, marketers should also take into account any rules that restrict users' involvement in advertising and other commercial activities on the site. A marketing campaign that leads consumers to violate a social networking site's terms and conditions could expose the marketer to liability, damage the marketer's standing among consumers, and lead the site to bar the marketer from conducting future marketing campaigns through the site.
Social networking sites frequently impose various other rules that restrict how a marketer can use their sites. For example, Facebook, YouTube and Twitter prohibit the uploading or posting of content that infringes a third party's rights, including intellectual property, privacy and publicity rights.
Implementing Your Own Terms and Conditions
If a marketer creates and/or administers its own social media platform, such as a blog or podcast, it should have in place terms and conditions governing use of the platform and should make the terms and conditions readily available to potential users. By providing guidelines governing the use of the site, carefully crafted terms and conditions can prevent both company employees and third parties from using the social media platform in an unlawful manner. To some extent, such terms and conditions may also shelter companies from liability for the actions of third parties and employees. Comprehensive terms and conditions should reflect a good faith, reasonable effort to control and police third-party and employee conduct with respect to the platform. Such efforts are often taken into consideration by courts and regulators in determining a marketer's level of responsibility for the conduct of third parties and employees.
A site's terms and conditions should prohibit unlawful use of the platform, and ideally should specify particular types of unlawful conduct in addition to a broadly prohibiting illegal activity. For example, the rules should bar use of the site in a manner that is defamatory, libelous, or infringing upon the company's or a third party's intellectual property rights or right of privacy/publicity. The terms and conditions should also expressly state that the company is not responsible for content published through the platform by third parties.
User-Generated Content
Oftentimes marketing campaigns involving social networking sites or other social media incorporate user-generated content into the campaigns. Whether it's a video or photo shared on a site, or messages that site users disseminate to members of network, usergenerated content holds much promise as a marketing tool. Consumers who create content in connection with a marketing campaign may develop a strong connection with the promoted brand, and audiences are often drawn to the authenticity of the content and the notion that an everyday Joe may perhaps obtain some degree of fame through low-budget, amateur productions that he or she created. In addition, user-generated content comes with a relatively high degree of credibility in the eyes of consumers, particularly if the content was created by someone the consumer knows (for example, a "Tweet" between friends).
Soliciting user-generated content in connection with a marketing campaign comes with some risk of incurring legal liability for content created by an individual participating in the campaign. Incorporating user-generated content in a marketing campaign could expose the sponsor to liability for libel, copyright infringement, violation of one's right of privacy/publicity, deceptive advertising, trademark infringement, or other violations. The law affords social networking sites and marketers some limited shelter from liability stemming from user-generated content used for limited purposes, but gives marketers minimal protection for usergenerated content when it is republished in connection with a promotion or other marketing campaign. Marketers can, however, take certain steps to minimize legal risks associated with campaigns that involve the dissemination of user-generated content through social media.
When conducting marketing campaigns in which participants can publish content that they created through a social media outlet, whether the outlet is administered by the marketer or a third-party, marketers should regularly monitor published content and remove or request removal of any postings that violate the marketer's rules or the third-party's rules, or otherwise pose a legal risk. Alternatively, or pending removal of the content, marketers can post a statement disclaiming any association with the content or the content creator, and perhaps also express disapproval of the content. When practicable, marketers should screen usergenerated content before it is disseminated. If, in screening content, a marketer identifies any legal issues, it should promptly take appropriate steps to address each issue.
Marketers should also have in place clear (and easily accessible) terms and conditions governing the marketing campaign, and those rules should include specific provisions addressing user-generated content. Marketers should also adopt disclaimers stating that the company had no hand in producing the user-generated content used or published in connection with the marketing campaign and, where appropriate, stating that the content does not reflect the opinions of the marketer.
To provide protection from intellectual property infringement claims by creators of user-generated content used by a marketer, the marketer should obtain the consent of participating consumers to use such content and the terms and conditions for the campaign should grant the marketer the specific right to use the content without compensating the consumer. Companies can also require that participants execute a release agreement allowing the marketer to use the participant's content. To protect against infringement claims by third parties, companies should consider either: (a) prohibiting the use of third party content altogether; (b) restricting the use of third-party content to only content that is in the public domain; or (c) permitting the use of third-party content only when the participant has provided written releases from each third party permitting the use of such content. Marketers can also find creative ways to reduce legal risks while facilitating the screening process by limiting the content that consumers can create in connection with marketing campaign - for example, by providing consumers with a selection of content that they can choose from that the marketer has previously cleared.
Monitoring and Screening Social Media Content
When conducting marketing campaigns in which participants can post content that they created to a social networking site, marketers should regularly monitor the postings and remove or request removal of any postings that violate the marketer's rules or the site's rules, or otherwise pose a legal risk. Alternatively, pending removal of any content, marketers can post a statement disclaiming any association with the content or the content creator, and perhaps expressing disapproval of the content.
When practicable, marketers should screen user-generated content before it is disseminated. If, in screening content, a marketer identifies any legal issues, it should promptly take appropriate steps to address each issue.
There are companies that provide Internet monitoring and screening services, including companies that provide services focusing on social networking sites. Some of these services allow a marketer to provide certain terms (e.g., company name) that it wants the service to search for on a regular basis, and the service will provide the search results. This allows companies to monitor their social media marketing campaigns and any content that is published regarding the company, thereby protecting its brand and limiting its liability exposure.
Sweepstakes, Contests, and Other Promotions
As with any marketing campaign, conducting a promotion through social media can be an effective means of reaching a broad audience and capturing the attention of consumers through fresh, appealing, and interactive marketing formats. Like social media itself, promotions are by their very nature interactive and can thus be seamlessly integrated with social media outlets in a manner that heightens consumer interest in a marketer's brand. Promotions involving prizes incentivize consumer conduct in a manner that increases exposure to the promoters brand and, as such, are selfpromoting -- consumers are more likely to inform people they know about a promotion if prizes are offered. Social networking sites and other social media allow consumers to spread the word about a promotion quickly and with ease. Thus, promotions are an optimal means of exploiting the viral nature of social media.
When conducting or publicizing promotions through social media, marketers must not keep in mind both the general legal requirements governing promotions (e.g., the sweepstakes laws, the CAN-SPAM Act applicable to email marketing, privacy laws, etc.) and the applicable terms and conditions of the social media outlet being used to "spread the word" about the promotion.
Facebook's Guidelines for Promotions
On November 4, 2009, Facebook issued new Promotions Guidelines containing specific rules for conducting sweepstakes and contests on its website. These Promotions Guidelines, which supplement the site's existing Advertising Guidelines, set forth separate guidelines for administering a promotion on Facebook and for publicizing a promotion on the Facebook site. Under the rules, "administering a promotion" on Facebook means "operating any element of the promotion on Facebook or [by using] any part of the Facebook Platform" (a program that links Facebook to outside applications and websites). For example, collecting entries, conducting a drawing, judging entries, or notifying winners through Facebook constitutes administering an element of a promotion on the site. Publicizing a promotion, on the other hand, means "promoting, advertising or referencing a promotion in any way on Facebook or [through] any part of the Facebook Platform." This includes, for example, announcing a promotion through a status update or wall post.
Under the new Promotions Guidelines, a company does not have to obtain Facebook's consent merely to publicize a promotion on the site. To administer a promotion on Facebook, on the other hand, a company must obtain Facebook's prior written consent and the promotion must be administered through Facebook Platform. A marketer that plans to conduct a promotion on Facebook must submit materials to for the promotion to a Facebook Account Representative at least seven days before the start date of the promotion.
If Facebook users are allowed to enter through the site, then the promotion sponsor may allow entry only through a third-party Facebook Platform application. Entry into a promotion, whether administered or merely publicized on Facebook, cannot be conditioned upon a user providing content on the site, including posting content on a profile page, posting a status update, or uploading a photo onto a Facebook page. In contrast, a promotion sponsor may condition entry upon a user providing content through a third-party application. Further, specific disclosures regarding Facebook's non-affiliation with the promotion and the promotion sponsor's collection of data from entrants must appear adjacent to the entry field. The guidelines also require that the official rules for a promotion administered on Facebook include specific provisions, including an acknowledgment that Facebook is not affiliated with the promotion and a provision releasing the social networking site from liability. Various other requirements apply.
Other social networking sites may follow suit and establish comprehensive policies governing consumer promotions.
Marketers planning to conduct a promotion involving a social networking site should take great care to ensure that they comply with the site's terms and conditions, paying special attention to any advertising and promotion guidelines.
Endorsements and Testimonials in Social Media
The FTC recently amended its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Guides"), which address endorsements by consumers, experts, organizations, and celebrities in advertising. The amendments, which took effect on December 1, 2009, clarify - among other things - how the Guides apply in the context of social and other "new media".
The amendments to the Guides add examples to illustrate how the longstanding requirements that "material connections" (e.g., compensation arrangements) between advertisers and consumer endorsers must be disclosed. Under the Guides, a material connection is one that consumers generally would not expect and that may affect the credibility or weight of the endorsement. In determining whether a disclosure is required, the threshold issue is whether an endorsement was made. If a blogger was paid to blog about the marketer's product, the blogger's favorable blog posts concerning the product will likely be considered an endorsement under the Guides. If, on the other hand, a blogger makes favorable comments about a marketer's product, but was in no way incentivized by the marketer to post any blog entry about the product, then the blogger's product review would not be considered an endorsement. Further, if that consumer receives a single free sample from a marketer and writes positively about it on a personal blog or on a public message board, his or her comments are not likely to be deemed an endorsement given the lack of any continuing relationship with that advertiser that would suggest that the consumer is disseminating a sponsored message. But in some cases, receiving free products may warrant disclosure. The fundamental question with respect to whether an endorsement was made is whether the speaker is (1) acting independently or (2) acting on behalf of the advertiser (or its agent). If the latter, the speaker's statement is an endorsement. This is also important in the expert or celebrity context, where previously compensation or a free gift might not previously have been considered to be a "material connection," but may now warrant disclosure in certain circumstances in the social media context.
A material connection certainly exists between a company and its employees. Thus, when an employee makes favorable comments through social media regarding his or her employer, or its products or services, the employee must disclose the employment relationship. If a company encourages its companies to post blog entries or otherwise make favorable statements regarding the company or its products or services, the company should develop procedures and policies that employees must comply with to avoid violating the standards reflected in the Guides. In relevant situations, employees should generally be advised to disclose their employment relationship with the company and whether they are acting on behalf of the company (or, as if often the case, whether they are simply acting on their own behalf); the company may wish to consider limiting the forums through which employees can make comments or even prohibiting altogether comments about the company or its products or services in any online forum. In short, companies encouraging employees to provide endorsements through social media channels should have adequate controls in place to avoid legal liability for their employees' statements, and even if a company does not encourage employees to make comments about the company or its products or services through social media, it should nonetheless have policies in place concerning such conduct.
The amendments to the Guides also address the issue of who is responsible for a deceptive social media endorsement. The FTC recognizes that because the advertiser does not disseminate the endorsements made in blogs or other consumer-generated media, it does not have complete control over the contents of those statements. Nonetheless, the FTC has taken the position that if the advertiser initiated the process that led to these endorsements being made - e.g., by providing products to well-known bloggers or to endorsers enrolled in word of mouth marketing programs - it is potentially liable for misleading statements made by those consumers. Whether liability will be imposed in these circumstances may turn on a determination that the advertiser chose to sponsor the consumer-generated content and, therefore, established an endorser-sponsor relationship. But in determining whether a marketer should be held responsible for a third party's statements through social media, the FTC will consider the marketer's efforts to advise endorsers of their responsibilities (e.g., adoption of a blogger endorsements policy), monitor bloggers' online behavior, and deal with rogue endorsers (e.g., ceasing providing free product to noncompliant bloggers).
Privacy and Data Security Issues Concerning the Use of Social Media
Using social media to promote one's brand, products, or services can also implicate privacy and data security issues. It is important for companies to be aware of these issues and take appropriate measures to minimize their exposure to liability related to personal data collection, use, and maintenance.
Social media companies like Facebook and Twitter generally have their own privacy policies that govern their use of consumer data and third-party conduct on the social media platform with respect to personal data. Marketers utilizing third-party social media outlets should ensure that their marketing campaigns do not encourage consumers or any other parties to engage practices that would violate the social media company's privacy policy, and marketers should also ensure that they are abiding by the policies as well. Companies that administer their own blogs and/or other social media platforms should also maintain comprehensive policies that disclose the company's data collection, use, and storage practices, and any responsibilities that third parties have as regards privacy and data security.
Operators of social media platforms must fulfill the promises they make in their privacy policies and elsewhere with respect to data security and privacy, and they must maintain reasonable personal data protection procedures. The FTC and states have targeted companies for failing to abide by their privacy policies and/or maintain adequate data security protocols.
Companies using social media in marketing campaigns should also be aware of legal and self-regulatory restrictions on privacy and data security practices as regards minors. The Children's Online Privacy Protection Act ("COPPA"), 15 U.S.C. s.s. 6501-6506, and its implementing FTC regulations govern the online collection, use, and disclosure of personal information from children under 13 years of age. COPPA applies to any operator of a website or online service directed to children under 13 who collects personal information from children under 13, or who has actual knowledge that it is collecting or maintaining personal information from a child under 13. If data collection and use practices come within the scope of COPPA, the statute and its implementing regulations require the website operator to include a privacy notice on its site and make available a notice to parents regarding its information collection and use practices relating to children under 13. It also requires that the website operator obtain parental consent before collecting personal information from children under 13.
The Children's Advertising Review Unit ("CARU"), an industryfunded, self-regulatory body that reviews nationally disseminated, children-directed advertising, has guidelines concerning the collection, use, and storage of personal data from children. CARU's guidelines are consistent with COPPA and its implementing FTC regulations.
In addition, after some prodding by the FTC, leading industry associations developed the Self-Regulatory Program for Online Behavioral Advertising in an effort to set standards for and police online "behavioral advertising," which is the practice of tracking a consumer's activities online (e.g., the searches the consumer has conducted, the web pages visited, and the content viewed) in order to deliver advertising targeted to the consumer's interests. The self-regulatory program consists of seven principles that are aimed at ensuring that consumers have control over the collection of their personal information and that marketers protect consumers' data and privacy when engaging in behavioral advertising. Companies should adhere to these principles when undertaking behavioral advertising activities using social media.
In November 2007, Facebook introduced its Beacon advertisement system, which transmitted data from external websites to Facebook for the purpose of allowing targeted advertising to Facebook users. As part of the system, certain activities on partner websites were published on a Facebook user's news feed. In response to protests by many Facebook users, Beacon amended its user agreement policy. However, a class action lawsuit was filed against Facebook and marketers that used the Beacon service, including Blockbuster, Inc., Fandango, Inc., and Hotwire, Inc., among others, and the lawsuit was settled in September 2009. Lane v. Facebook, Inc., Case No. 5:08-CV-03845-RS (N.D. Cal. Aug. 12, 2008). As part of the settlement, Facebook agreed to provide $9.5 million, minus $3 million for legal fees, to create a "Digital Trust Fund" dedicated to studying online privacy. Ultimately, the Beacon advertisement system was shut down, but Facebook continues to "push" the envelope with its privacy practices.
Legal Protections for Social Media Platforms
There are laws that afford website owners and operators, including social networking sites, some protection against legal liability for third-party content published on the sites. Two federal statutes in particular - the Communications Decency Act ("CDA") and the Digital Millennium Copyright Act ("DMCA") - provide some immunity from such liability. The DMCA's "take-down" procedures may provide a particularly valuable tool for marketers seeking to address copyright infringement without resorting to litigation.
The Communication Decency Act
The federal Communications Decency Act ("CDA") was enacted to provide Internet service providers and website operators broad protection from liability for content created by third parties. Section 230 of the CDA affords immunity to interactive computer service providers, which includes owners of websites such as Facebook, YouTube, and other social networking or user-generated content sites, for content posted by third-party users of the service.
The CDA does not, however, extend immunity to intellectual property laws, criminal laws, or state laws that are consistent with Section 230 of the CDA. In addition, an Internet service provider is not entitled to CDA immunity if it plays some role in the creation of the content, including by editing the content, or gives the appearance that it played such role; for example, by failing to make clear that it is publishing content that was created by a third party. Moreover, CDA does not protect marketers that publish content through a third party's Internet service or website; accordingly, a marketer may not be sheltered from liability arising from usergenerated or other content that it disseminates through a thirdparty social networking site.
The Digital Millennium Copyright Act
The federal Digital Millennium Copyright Act ("DMCA") generally protects Internet "service providers", a term that has been interpreted broadly to include all website owners, from all monetary and most equitable relief for copyright infringement where a third party initiated the delivery of the allegedly infringing content and the service provider did not edit or selectively disseminate the content. The DMCA provides "take down" procedures through which service providers are immune from liability if they remove or disable access to content that allegedly infringes a copyright.
To be eligible for the DMCA "safe harbors," an Internet service provider must (1) establish a policy that provides for termination of a repeat infringer's access to the Internet service; (2) designate an agent registered with the U.S. Copyright Office to receive copyright infringement notices; and (3) promptly remove allegedly infringing content upon receiving notice of the alleged infringement.
Like the CDA, the DMCA does not shield non-ISP marketers from liability for third-party content disseminated through another party's Internet service. Thus, marketers utilizing user-generated content are not protected under the DMCA with respect to copyright-infringement if the content is published through a third party's Internet service (although they may access its protections if they own the website and follow the prescribed procedures). However, even marketers using third-party websites may request that an ISP remove third-party infringing content pursuant to its DMCA takedown procedures; the "accused" party is then given a chance to respond. A judiciously used DMCA takedown request may thus be a cost-effective means of addressing intellectual property infringement issues - particularly those where the infringer is overseas and difficult to reach in the United States courts due to jurisdictional issues.
Employer-Employee Issues
As discussed with respect to endorsements and testimonials above, employers should have reasonable policies and procedures in place with respect to employee use of social media to minimize exposure to liability for the statements of employees. Companies should prohibit employees from making negative comments about a competitor, and should implement controls over employees' use of social media to make favorable statements about the company or its products/services. Companies should also consider adopting policies concerning employee use of internal blogs, online news bulletins, and other internal media channels, in order to prevent internal issues that could potentially arise due to inappropriate, confidential, or other statements or conduct by employees in connection with the use of intra-company social media platforms.
Relevant case law indicates that users of social networking sites do not have a reasonable expectation of privacy from employers with respect to information on the users' profile pages. However, an employee may have a cause of action if an employer pressures an employee to reveal a password to a protected web page. In one case, waiters at a restaurant in New Jersey started a group discussion forum on a social networking site for the purpose of voicing their complaints about the restaurant. A manager of the restaurant discovered the site and demanded the password to the group forum web page, then fired two employees in the group after reviewing the web page. The terminated employees subsequently filed suit against the restaurant. The jury found that the employees did not have a reasonable expectation of privacy in the contents of the web page and that it was reasonable to assume that information on the page would be used by their employer. However, the jury found that the restaurant violated the federal Stored Communications Act by improperly coercing an employee to divulge the password for the web page and then using the password to access the page. Pietrylo v. Hillstone Restaurant Group, No. 2:06-cv-05754 (D. N.J. 2008).
Companies should proceed with caution when using information gathered from social media in screening prospective employees, including information on a candidate's profile pages on social networking sites. Such information could include an individual's ethnicity, religion, marital status, or sexual orientation, each of which can form the basis for unlawful discrimination claims.
Retaining Records Related to Use of Social Media
Companies using social media should retain records related to such use for a reasonable period of time in the event the records are needed in connection with a regulatory investigation or other legal proceeding. Information and communications conveyed through social media channels may become relevant to a legal or self-regulatory proceeding, and may ultimately be the subject of a subpoena or other compulsory process. Indeed, the legal action may not directly involve a company that has custody of relevant social media exchanges or information, but a regulatory, court, or other authority may nevertheless compel the company to produce the materials. Further, records related to a company's use of social media may also ultimately prove useful in supporting a company's position in a legal proceeding or in connection with a threatened proceeding.
Recent case law has imposed harsh penalties for spoliation of electronic records evidence and raised the bar for maintenance and production of electronic files such as databases, emails, and even personal data assistants in anticipation of and during litigation. Accordingly, it is important to implement sound records retention policies and procedures with respect to social media projects. Companies should consult with counsel for assistance in designing a sound policy that takes into account business requirements, current case law and relevant statutes of limitation.
Social networking sites can be effective platforms for advertising and marketing endeavors. Increasingly, marketers are using such sites as a vehicle to spread the word about a product or service through advertisements, promotions and other means. But marketing campaigns utilizing social networking sites unavoidably involve various third parties - including consumers, the social media outlets, marketing affiliates and potentially other third parties. Marketers must be aware of the legal issues raised by the involvement of these parties. In particular, campaigns that leave certain components of the campaign in the hands of the sites and/or users - as when users are encouraged to disseminate their own announcements regarding the marketing campaign through a social media outlet - can carry liability risks for marketers. By structuring campaigns properly and taking other steps to minimize legal risks, marketers can cash in on the marketing opportunities that social networking sites and other social media present without leaving themselves vulnerable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Ms Melissa Steinman
Venable LLP
575 7th Street, NW
Washington
DC 20004
UNITED STATES
Tel: 888.836.2253
Fax: 202.344.8300
E-mail: info@Venable.com
URL: www.Venable.com
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