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	Offer of the Month: 30% off every document in the document shop How to run a competition –without getting in a sweat! E-marketing - avoid the pitfalls Choc Chick Competition Latest News Legal Chuckle


	30% off EVERY document from the document shop Ready for immediate download NOW! and use coupon code SEPT2010 This offer is available until September 30, 2010.


	www.cap.org.uk for guidance on advertising copy www.chocchick.com for delicious choccies


	We offer a Complimentary business health check This involves checking the key areas of your business to see if you are exposed from a contractual point of view or possibly breaking the law - albeit inadvertently! Simply fill out the contact form and we will be in touch.

September 2010

welcome to off to see my lawyer

Greetings Entrepreneurs!

I hope this newsletter finds you well. My apologies for the little break in getting news to you over July and August-somehow the days slipped by and I am still getting to grips with the IT behind it! Give me a nice long legal document instead any day!

Summer is always a bit of an odd time when people are away on holiday and business/cash flow begins to suffer, especially with added holiday treats. SO this newsletter is all about driving business to you. One way of kick starting the new term is to run a competition or prize draw which will draw customers to your business in the hope of winning a fabulous prize. I have set out the key terms below in case you decide to do so and, just to wet your appetite, I am running my own competition this month! There are some great prizes courtesy of Galia Orme, founder of ChocChick, the delicious natural chocolate company. An alternative is to set up an e-marketing campaign and again there are a few legal pitfalls you need to be aware of which are set out below.

As ever my ‘door’ is always open if you have any legal concerns.

Until next month

Best wishes

Editor and founder
jo@offtoseemylawyer.com


How to run a competition –without getting in a sweat!

		A great way to attract customers to your business is to run a competition. It also has the added benefit of allowing you to capture their contact details for future marketing and e-mail campaigns provided you have their consent. SO how do you run a competition legally? You have two options: to run a prize draw or a competition involving some sort of skill. The key concern with a prize draw is to make sure it is not an illegal lottery for it is a criminal offence to run a lottery without a licence.The government is very keen to ensure that if
people run a prize draw and entrants have to pay for their tickets to enter, they must be officially registered first. The National Lottery is an example. Most people do not want to do this and that is why the majority of prize draws are free and you see the words: “no purchase necessary” in the small print. Be careful : if people have to call or text a premium phone number, even though you may not get that money, it still counts as having to pay to enter. The other option is to make it a genuine competition rather than a prize draw. Here again, you need to take care that the competition does not amount to gambling ie playing a game of chance or guessing the outcome of an event to win a prize. You can do this by ensuring that entrants would have to answer questions or apply some sort of skill within a game to enter. As with all arrangements involving your business, you then need terms setting out the deal or, in this case, the terms on how people can enter and what they will win. Essential points to include in your small print are as follows: This draw is open to [residents of the UK or whichever class of entrants you choose] who submit an entry form by midnight on [date]. Best to say they must be over 18 too No purchase is necessary. Employees of [ ] or their families are not eligible to enter. All complete entry forms will be placed in a draw which will take place on [date] and the winner will be chosen at random by an independent observer. Only one entry per person. The winner of the draw will be announced on the [website]. The Promoter will also send confirmation to the winner that they have won via email, using the winning email address. He or she will then be requested to provide personal data in order for the Promoter to contact him or her. In the event the e-mail is returned as undeliverable, or the winner declines the prize, he or she will be disqualified. The Promoter reserves the right to modify, suspend or cancel the Prize Draw without any prior notice. The prize is [here you need to be very specific].There is no cash alternative. The judge’s decision is final and no correspondence can be entered into. The Promoter is [name and address of entity running the competition] And so that you can use the e-mails and addresses you have collected in the competition for future marketing, you need to include the following tick box on your competition entry form: Yes, please send me exclusive offers and specials by email. (I can unsubscribe at any time). I understand my data will be held in accordance with this Privacy Policy. If you are under 18, please obtain your parent or guardian’s consent before ticking this box. Please remember this is only an outline of the law. If in doubt, do give us a call.


E-marketing –avoid the pitfalls

		The key areas you need to watch when sending unsolicited newsletters and e-mails and even SMS texts fall into three areas: The personal data implications: the bottom line is that you cannot send anything to consumer customers without their prior consent. However, there is the so-called ‘soft opt-in’ exception where you can send e-mails and newsletters to customers with whom you have had previous dealings for a product or service similar to the one you are sending the e-shot about. You must always give customers the option to unsubscribe every time you send them something, even if you send SMS messages.
The content of the marketing: all non-broadcast special offers and promotions must comply with the UK Code of Advertising , Sales Promotion and Direct Marketing also known as the ‘CAP Code’ (see www.cap.org.uk ).In a nutshell, this means that all content must be legal, decent, truthful and honest. You must make sure you are not misleading customers and that all statements you make can be backed up with concrete evidence. There are special rules relating to specific areas such as health and environmental claims, advertising to children and adult material to name a few. There are also detailed rules on what amounts to a “free” offer. Do check out the CAP Code or you could be in deep trouble with the Advertising Standards Agency. CAP offer an excellent free service where they review any ads/promotions you want to publish. Go to: www.copyadvice.co.uk Your details: you must identify yourself when you send e-mails, newsletters and texts and the fact that what you are sending is marketing material. So you need your name and geographical address on all ads and promos.

Win a CHOC Chick Taster Kit worth £10.00.The kit has enough ingredients to make around 30 chocolates (using ice cube trays or moulds) or 3 bars (using simple plastic containers) AND around 30 super healthy raw CHOC truffles.
Founded by up and coming entrepreneur Galia Orme, the CHOC Chick Taster Kit was recently voted by Channel 4 Foods as one of its Top 10 Dairy Free Foods. It will soon be stocked soon in a growing number of amazing health food shops and organic retailers such as Whole Foods Market (Kensington High Street, Clapham Junction and Stoke Newington in London), Planet Organic (London), Infinity Foods (Brighton). Check out: www.chocchick.com

TO WIN-simply answer the following question: Which country is the CHOC Chick chocolate sourced from?

RULES: answers by e-mail to jo@offtoseemylawyer.com no later than midnight 15th Sept 2010. First correct answer drawn out of the hat will win the above prize. No cash alternative. Only one entry per person. The winner of the draw will be announced on www.offtoseemylawyer.com . We will also send confirmation to the winner that they have won via email, using the winning email address.

By entering you agree to us using your details to send you exclusive offers and information on our services in accordance with our privacy policy. You can unsubscribe at any time.

ALL ENTRIES will be entitled to a special discount voucher to be used at www.chocchick.com

	*Off to see my lawyer* hits the press! Jo Tall was snapped up by Dragons Den James Caan and features in his Careers magazine this month. Check out the female entrepreneur section ‘Women on Top’!

legal chuckle

Ridiculous but true British laws:

1. It is illegal to die in the Houses of Parliament

2. It is an act of treason to place a postage stamp bearing the British king or queen's image upside-down

3. It is illegal for a woman to be topless in Liverpool except as a clerk in a tropical fish store

4. The head of any dead whale found on the British coast automatically becomes the property of the King, and the tail of the Queen

5. If someone knocks on your door in Scotland and requires the use of your toilet, you are required to let them enter.

know another budding entrpereneur

Feel free to forward this newsletter onto them and if they instruct us for help, you will receive a lovely bouguet of flowers

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If you just want to know where to start go to visit our website
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020 8946 2355

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Setting up a web site

Registering a trademark

Off to see my lawyer is the trading name of Trading Terms Limited,
Registered in England, Company No. 6857295 Registered office: 20 Havelock Road, Hastings, East Sussex TN34 1BP.
Tel: 020 8946 2355
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This e-information is not legal advice. We are sending it to you as a client or contact and because we consider it may be of interest to you. Please take specific advice from a qualified professional (hopefully us!) when dealing with specific situations. We are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this newsletter . In no event shall we be liable for any damages resulting from reliance on or use of this information.

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