This Experiential Blog…why now? And why is it important?

This is my initial blog and I appreciate the opportunity to host a forum that provides a voice for the experiential space. There is no shortage of blogs in the advertising, marketing and promotion arena, but none that truly hones in on the depth and perspective that experiential marketing brings in the totality of the marketing experience.  Here are a few of the many reasons why I presume to write:

  1. The consumer is changing
  2. Measurement, measurement measurement.
  3. Convoluted media messages
  4. There is a lot of conversation we need to share.

The consumer is changing

Arguably we are leaving a recessionary year that has impacted consumers, business, politicians, and the social fabric that we all have taken for granted for a long time. Foreclosures are at all time high, banks were (and still are) on the brink of disaster, we elected a African American President for the first time in our country’s history, while the Hispanic population is growing at a rate that will make this group a minority in the not so distant future. We have seen a consumption lifestyle morph by necessity and design to one of caution and temperance. Americans are saving more, spending less and volunteering more. This impacts what and how we do what we do.

We, as marketers, first and foremost must be aware of the shift and be sensitive to the fact that there are new paradigms in the relationship between consumers and brands. That is the upside. Change brings opportunity. New rules bring innovations and ingenuity. That is our challenge, and we again, as marketers, based upon our vast experience can be successful.

Measurement, measurement, measurement

With an evolving consumer the need to understand and measure change becomes increasingly more important. In fact it is critical. What do we measure? How do we measure? Why do we measure? What does it mean? Everyone is measured everyday. Students are measured by their grades. Social institutions are measured by their impact on society. Politicians by successful agendas, and brands by sales. It is the core of why we are in business and the importance of this deliverable cannot be short changed. We need to be astute, proactive and accurate.

Convoluted media messages

We are all part of the Media landscape. Where does experiential fit in among social media, out of home, on air, in-store, promotions, shopper marketing, sponsorships, lifestyle, niche marketing, home parties, television, radio, mobile? Is there really a concept of integrated marketing, or interconnected marketing? If so, what does that mean and how do we achieve this integration?. Can the disciplines work together? Will we play well in the sand box? Whose sand box is it anyway? All these questions and thoughts are important as we, experiential marketers , make a difference in the lives of our ultimate target audience.

There is a lot of conversation that we need to share

By starting this blog I hope that we are committed to sharing our collective thoughts, learning’s and insights on what we see and what we don’t. On what works and what doesn’t. With this intelligence we can address the questions that we face daily. What? Where? How? And most importantly Why?

Do I have all the answers? Not by any means. Challenge me when you disagree, add thoughts when I don’t go far enough. Raise topics I miss that you believe to be important. This is collaboration, a group dynamic where we can help each other.  We may not have all the answers but we do know our industry and we have a tremendous amount of experience and knowledge in our reservoir.

Next steps

Look for my first topic blog shortly. I truly ask an open mind and a contributory nature. Together we can create a conversation that will advance the world of marketing in which we live , and  in the process make the world safer for brands.

–Gary Kleinman
CEO
Yardstick Marketing Partners
sister company of Centra Marketing & Communications, LLC.

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Who’s Your Target?

Clearly, Unilever’s Axe knows exactly who they’re trying to reach.  Wonder if this will ever run in the States?

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Soliciting Charitable Donations Through Text Message

Charitable organizations soliciting funds for Haiti earthquake relief are taking advantage of a new way of soliciting donations from consumers: text messages. Charities are encouraging consumers to text a phrase, for example “Haiti” or “Earthquake,” to a short code to make a donation in a set amount that will be added to the consumer’s monthly cellular bill.


Charitable organizations may use text-to-donate campaigns to directly solicit donations. Charities looking to engage in such campaigns on a nationwide level should ensure that they are registered in every state in which they will be conducting the campaign. Furthermore, any related advertising is likely to be subject to state law requirements. Many states require specific disclosures in both advertising and point-of-solicitation materials, including:


  1. the solicitor’s name and address;
  2. the charitable organization’s name and address;
  3. a fair and accurate description of the purpose of the solicitation;
  4. that a financial statement of the charitable organization will be provided upon request and who to contact to obtain that information;
  5. the amount of the contribution that is tax deductible;
  6. the approximate annual percentage paid to maintain, service, or collect the contributions raised by the solicitation;
  7. whether the person maintaining, servicing, or collecting the contributions is a volunteer or is paid for the services;
  8. the net percentage or sum of the contribution going to the specific charitable purpose; and
  9. each organization, or fund, on behalf of which all or any part of the money collected will be utilized for charitable purposes.


For profit companies may also utilize text-to-donate campaigns to solicit donations for the benefit of a charitable organization. Companies engaged in cause marketing campaigns are regulated by state laws as commercial co-ventures. A typical example of a commercial co-venture is where a company advertises that the company will donate a certain amount of money to a charity for every purchase of the company’s goods or services. Some states require companies to register and bond with state authorities when conducting commercial co-ventures/solicitation campaigns. Although some states only require registration and bonding if the company is promoting a sale of its own product or service by stating that a purchase will benefit a charitable organization, other states require registration for any type of commercial consideration.


Where for profit companies are merely advertising that the consumer can directly donate to a charitable organization by sending a text message, state commercial co-venturer obligations are unlikely to apply. However, a company may also engage in a promotion whereby the company advertises that the company will make a donation to a charitable organization for every text message sent by a consumer. With regards to such a promotion, it is possible that even though the company is merely encouraging consumers to send a text to increase the amount the company will donate, the advertising benefit and goodwill that that the company receives from conducting a text-to-donate campaign may be deemed “commercial consideration,” triggering some state’s registration and bonding requirements.


Entities may also use the text-to-donate model to establish a direct marketing connection with consumers by allowing the consumer to opt-in to receive more information or periodic updates about the charity via text message. This new method of charitable solicitation can implicate several issues, including what kinds of disclosures will be necessary such as disclosing of how many text messages are required to be sent or received to complete the transaction, if more than one, and ensuring consumers are provided the proper opt-out and opt-in choices.


If an entity would like to establish a direct marketing connection with a consumer via text message whereby consumers will receive general advertising or marketing messages, the entity should be aware that it should clearly disclose this to consumers and that merely asking the consumer to text “yes” to accept may not be sufficient consent. Specifically, depending on the type of technology used to send the text message (e.g., if the text message address references a domain name), the text message may need to adhere to more stringent requirements including a more stringent electronic signature requirement, proper identification of the entity that is sending the message, that the message is for advertising or marketing purposes, and how the consumer can opt-out of receiving future messages.


Monique Bhargava, Esq.

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These materials have been prepared by Winston & Strawn for informational purposes only. These materials do not constitute legal advice and cannot be relied upon by any taxpayer for the purpose of avoiding penalties imposed under the Internal Revenue Code.

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NEWS: FCC Seeks Comments on Privacy Issues

In a recent public notice, the FCC announced that it is seeking comments on privacy issues raised by the Center for Democracy and Technology.  The notice states:

The Center for Democracy and Technology recently filed a letter with significant questions about
the use of personal information and privacy in an online, broadband world.3 The Commission seeks
public comment on the questions and topics raised by the Center for Democracy and Technology in its letter, available at: http://webapp01.fcc.gov/ecfs/document/view.action?id=7020365402, and attached to this Public Notice.

Further, the Commission seeks further comment on how tobest meet consumer expectations of privacy, including the following points:

  1. What principles and standards should be considered to help articulate existing consumer expectations of privacy?
  2. What can federal agencies do to help ensure that consumer expectations of privacy are met as new technologies platforms are developed?
  3. Are there industry best practices or regulatory models that are useful in helping to ensure that can be adapted across technology platforms to ensure that users are protected while allowing for the proper use of personal information?

Comments should be to the FCC by March 26, 2010.

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REGGIE Webinar Redux: “7 Habits of Highly Effective REGGIE Entries”

That’s right: We’re doing a live, encore performance of the Webinar with Terry Mangano, who will give you the judges’ perspective.  Join us tomorrow, January 21 at 330pm EST, and get some helpful tips as you finalize your entries for the extended deadline!

It’s FREE and you can register here.

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On the 2010 Marketing Law Horizon

  1. The Maine Predatory Marketing To Minors legislation, passed last year and then called “unconstitutional” by the Maine Attorney General, in response to a coalition effort in which PMA played a role, is now the subject of a new bill.  This new bill would repeal the original and enact a radically reshaped one, restricted its scope to pharmaceutical marketing to minors.
  2. Several FTC and FTC initiatives/workshops and the like are focusing on marketing to children, food standards and empowering parents to control what content is presented on TV and the internet.  It appears there is a joint effort of both agencies to treat minors , even beyond COPPA, as a specially protected class with respect to advertising
  3. A new proposed federal regulation under the Credit Card Act of 2009 clarifies rules concerning expiration dates and dormancy charges of gift cards.
  4. New state legislation is aimed at Advance Consent Marketing,including in Kentucky, Maine and New Hampshire. These are, in the judgment of some, part of efforts for greater transparency in dealing with consumers, but also have the effect of making sales, even with legal disclosure, harder to close.

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BIGresearch’s January 2010 Economic + Consumer Insights Briefing

Highlights from BIGresearch’s monthly Consumer Intentions and Attitudes (CIA) survey, which surveys over 8,000 consumers each month.  This data is taken between January 5 and January 13, 2010.

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NEWS! 2010 REGGIE deadline extended to January 26!

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That’s right!  You still have time to submit your kick-ass campaigns into competition.  After all, why let someone else win your REGGIE?

Check out the REGGIE page on the PMA site for lots of useful info:

  • PDFs of actual winning entries from last year’s competition
  • Video and slides from the Webinar “How To Write A Winning REGGIE Entry”
  • Previews of the entry form and art specifications
  • FAQs
  • Contact info in case any questions arise



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Top Twitter Trending Topics of 2009: #iranelection, Michael Jackson

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Over at the Twitter blog, it’s Chief Scientist on Wednesday released a list of the top trending topics on the site in 2009.  He writes:

Twitter’s Trending Topics helped us understand what was happening around the world showing us that people everywhere can be united in concern around important events; excited about a new movie; or geek-out about a major new technology.

And further:

Among all the keywords, hashtags, and phrases that proliferated throughout the year, one topic surfaced repeatedly. Twitter users found the Iranian elections the most engaging topic of the year. The terms #iranelection, Iran and Tehran were all in the top-21 of Trending Topics, and #iranelection finished in a close second behind the regular weekly favorite #musicmonday.

Hat tip to Digital Media Wire.

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NEWS: Schultz, Godin, Barrett keynote 2010 Annual Conference!

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We’re excited to announce our first round of keynote speakers for our upcoming 2010 Annual Integrated Marketing Conference, Blur: Where Icons & Innovators Cross The Line.  This year’s theme conveys that integrated marketing has forever blurred the line between traditional promotional marketing, often referred to as Below the Line, and Advertising and other paid media or Above the Line.  The event is set to take place March 23-24 at the Fairmont Hotel in Chicago.

We’re honored to have the following as speakers:

  • Icon Don Schultz (above, left)–widely regarded as the “father of integrated marketing”–will deliver the March 24 opening presentation and will share the most up-to-date media consumption research that was derived from a methodology, co-developed with BIGresearch, which offers a new way for marketers to look at budgeting their precious marketing dollars.
  • Seth Godin (center), an innovator, marketing guru and bestselling author, joins us for lunch on March 24 and will offer ways that marketers can erase the lines. And it all starts by reminding marketers that consumers don’t see lines in the first place.
  • Expert practitioner Dean Barrett (right), the Luncheon Keynote on March 23, will bring the perspective of a major global marketer to bear as he takes the audience through ways McDonald’s blurs the lines and boundaries daily, successfully communicating brand messages in 118 countries, many without TV, radio, newspapers or magazines as we know them.

The PMA’s 2010 Integrated Marketing Conference brings together icons from brands and agencies that have always looked to blur the lines with their creativity and forward thinking approach with the Innovators who are changing our business every day with new media delivery options, new uses for existing channels and new places and reasons to buy traditional products and services.

The Blur Conference will feature 10 general sessions that feature industry-leading keynote speakers and 3 breakout tracks with 21 additional sessions featuring the building blocks of Integrated Marketing: Consumer Promotion, Shopper Marketing and Digital Marketing.  Other sessions of note include:

  • Procter & Gamble’s Samantha Avivi talks about how the marketer’s new Store Back policy is fundamentally changing and elevating the role of shopper marketing.
  • Target’s Mark Bennett joins Parade Magazine’s Jim Hackett and others to debate the question “Is Media the Message or is the Message the Media?”  It’s a faceoff between the traditional and the new media, and sparks will fly!
  • Campbell Soup’s Geoff Jackson on how the company revises and refreshes one of the longest-running programs in the promotions industry, Campbell Soup’s Labels For Education.
  • Pepsico’s Sonja Matthews and 7-Eleven’s Rita Bargerhuff on the consumer’s evolving path to purchase.  It’s anything but a straight line and these two marketers will take attendees through all the twists and turns.
  • Deloitte’s Arthur Ash shares new research into the power of a brand advocate, along with real life examples of how consumers are fully able to make or break brands.

Stay tuned for more speaker announcements.  Early registration ends January 26, 2010, so reserve your seat now!

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