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Apple Nixes iPad Giveaways
KingSkippus writes "According to a story at CNN, Apple has begun enforcing third party promotion guidelines (PDF) that, among other things, restricts organizations from giving away iPads, using the word 'free' to describe any Apple products in a prominent manner, or promoting giveaways of iPod Touches in lots of less than 250 and with Apple's explicit approval."
Eve enjoyed it...
You can't prevent someone from giving your product away. If they bought one, you can't keep them from giving that product to someone else.
captcha: astound
As in, I am astounded that they think this can possibly work.
In 2001 they were sued by the US DOJ for restraint-of-trade, price fixing, and forming an illegal cartel.
So go ahead Apple. I look forward to seeing you get the same treatment the record companies received. Especially now that the US Congress is investigating you. Not a smart move.
Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
I looked at the terms linked in the article. It appears these terms are attached to special purchases from Apple solely for promotional purposes. (i.e., you contact Apple beforehand about buying some for a promotion and they give you a discount). In that case, you are accepting the contract. And it's not like they'd sell you 249 iPods then get pissy because you had fewer than 250.
But, I believe that if I buy an iPad at retail, I can use it in whatever promotional capacity I see fit as long as I do not violate Apple's IP.
In short: nothing to see here, move along
-Ryan
AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
As someone else mentioned, this only applies -- CAN only apply -- to special purchases made under this agreement. If I go buy an iPad at the store, Apple store or otherwise, good luck trying to enforce something like this. I doubt Apple would be stupid enough to try.
encheapin our over priced product. We must put a stop to it!
This sig is not paradoxical or ironic.
but they can stop you from using the word "iPad", the Myriad Set font, and any other Apple trademarks when advertising the give-away.
No, they can't. They can only assert their trademarks to prevent market confusion - specifically, against a competing product with a similar name or similar branding. If you are giving away a genuine Apple-made iPad, there is nothing they can do to prevent you from saying that you are giving away an Apple iPad.
To make laws that man cannot, and will not obey, serves to bring all law into contempt.
--E.C. Stanton
I'm not sure what they are going for here. If there is a give-away do they think it will water down the brand?
Not "water down"; but "devalue".
Personally, I was trying to figure this seemingly wrongheaded policy out myself. And I think I might have figured it out.
It's called "Perceived Value". Successful marketing in a "technology-driven" company is a curious combination of understanding current (and future) "technology", plus MBA skills, Communication skills, with a dash of Psychology. And the "Psychology" part of that equation tells the Marketeer that when people get things for free, they don't "value" them (or not as much). This, curiously enough, extends even to the people who don't actually receive the item; but even just could have received it.
Think about it: "Everybody" knows that, when when anybody, especially a business (who is, afterall, "in it for the money"), gives something away, that it is very rarely something they could have easily "made money on" (even if they don't actually sell that item themselves).
We are all somewhat "conditioned" to the fact that, only "worthless" items are given away as "Promotion". Often it is basically true. Sometimes not (like, for example, a car); but, in all cases, the "Perceived Value" effect remains in the back of everyone's mind. And Apple is smart enough to pay attention to those nuances of human behavior. it doesn't make them evil, or "dickish"; just perceptive.
You have to understand. Who wants to buy an Apple product only to turn around and see some poor person with one. How are you supposed to feel superior to them if they have one too.
I'm sure Steve Jobs throws chairs all the time. The difference is, he hits what he is aiming at, but then very large tattooed "Apple PR reps" secretly buries the bodies under the Infinite Loop late at night. And no one ever hears about it...
Give them away?
Don't get so excited this is only for Apple sanctioned promotions where the advertiser wants permission to use Apple trademarks in their ads. Every company has guidelines for this. This really only applies to Apple dealers and sellers. Your free to do whatever you want if your not using Apple's IP or under contract with Apple already.
Its not a EULA it's an advertising contract. it has nothing to do with consumers.
Not the sort of PR Apple would want IMO.
Have gnu, will travel.
Is this a straight line?
You buy six more, and put 8 cubes at each corner of your beowulf cube.
This is still slashdot, isn't it?
Have you not seen "FREE iPad" and FREE iPhone" spam? Real spam in emails and forums, but also just endlessly repeated web-adverts. It pisses people off. Apple don't want that bad-will to reflect on their products. The reputation of the products and the company are worth far more than the piddling amounts of product that promoters would buy from Apple to run these promotions. Especially as most of them are scams.
What makes you think that scammers and spammers care what Apple says about promotions? These groups are already operating on the fringe at best.
And if you do so, and want to mention the products names in the promotional materials, then you'll need permission from Google or Blackberry. Or else they can sue you, just as Apple can.
Of course, anyone can sue anyone for anything, but Apple would have to prove that the marketing was done in a manner to make it appear that Apple endorsed the contest; simply advertising that you are giving away a product by the name of the product is not sufficient.
paintball
they have started enforcing user profile guidelines:
- people above 25 a body mass index of 25 may not use an iDevice in public. Nor in private in BMI > 30.
- iDevice users must at all times maintain perfect cleanliness and decorum.
- conversely, certain professions may *not* use iDevices: exotic dancers, janitors, butchers, fishmongers... if in doubt, contact a Genius, or point your iDevice's camera at you in your trade dress with your last paycheck, and ask "is this OK" twice. A genius will contact you shortly.
- customers thinking they caught a virus will report to their closer AppleCamp for training on how Apple does NOT have viruses. Repeated offenses will result in termination.
- your iDevice must remain pristine at all times. Don't allow it to become dirty, no stickers, no un-approved cases.
- iDevices may not be taken to non-approved areas. if your device starts beeping loudly with a screen flashing red, immediately get back to an approved iDevice utilization zone.
Apple thanks the California Bureau of Investigations for their help in enforcing those guidelines.
The Cloud - because you don't care if your apps and data are up in the air.
Where I currently live (Singapore), the iPad 2 was advertised as "available now!" for several days, but if you ask for one the store will tell you they're out of stock.
Meanwhile we got so many ad promotions with the magic words "win a free ipad 2" everywhere we turned, from restaurants to supermarkets to banks.
Long story short: People who wanted them can't buy them for weeks because they've been snapped up by companies intending to give them away instead of selling them. I think Apple is simply preventing this situation from happening again.
Pet peeve: Profane people propagating perfunctory pedantry.