Apple says that you cant give away free iAnything

Shaz07

Shaz07

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Oct 15, 2008
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Apparently, Apple has recently decided to start trying to enforce its official "Guidelines for Third Party Promotions," meaning that they're telling people they can no longer offer contests and promotions where the prize is a "free iPad" or something of that nature. Specifically, the "guidelines" state:

  • iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions.
  • iPod touch is only allowed to be used in special circumstances and requires a minimum purchase of 250 units.
  • You may NOT use the Myriad Set font on or in connection with web sites, products, packaging, manuals, or promotional/advertising materials.
  • The use of "free" as a modifier in any Apple product reference in a prominent manner (headlines, call- outs, etc.) is prohibited.
  • You must submit all marketing materials related to the promotion of Apple products to Apple for review.
That all sounds lovingly dictatorial on the part of Apple, but I'm left scratching my head how the company thinks these guidelines are even remotely enforceable. If someone has legitimately bought one of these devices, I can't see under what legal basis Apple can claim that a giveaway promotion violates the law. Perhaps there's a weak trademark claim, but I can't see it holding up in most cases (there could be a few exceptions). But, really, what is Apple thinking here? People use its products in giveaways and contests because the product is desirable . Why fight that?
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Apple Says That You Can't Give Away A 'Free' iPad Or iPhone In A Contest | Techdirt
 


lol funny because just about every person I know that has an ipad won it in a contest.
 
Those sound like terms they'd give to an affiliate but they want to blindly try to enforce it across the whole world.
 
You're all laughing, but I don't think you want to see how big their team of lawyers is.

While you're flailing trying to explain that their argument won't hold up in court, they've got you over your head in legal fees. Of all brands, I really think this one is the least wise to fuck with. I've seen much smaller companies do it for much more frivolous infringements. It definitely works.
 
They've always had that "rule" but it hasn't stopped anyone from doing this, especially small local contests. My girlfriend won an iPad2 in a trivia contest at her place of work. They have internal poker contests every month giving away iPods. A buddy's girlfriend also won an iPad, at a completely different company. How many iPads have been given away at ASW/ASE for dropping your business card in a box? There are so many contests giving away Apple products they could seriously get bogged down in litigation trying to enforce this. Good luck to them.
 
Fatbat said:
They've always had that "rule" but it hasn't stopped anyone from doing this, especially small local contests. My girlfriend won an iPad2 in a trivia contest at her place of work. They have internal poker contests every month giving away iPods. A buddy's girlfriend also won an iPad, at a completely different company. How many iPads have been given away at ASW/ASE for dropping your business card in a box? There are so many contests giving away Apple products they could seriously get bogged down in litigation trying to enforce this. Good luck to them.
Click to expand...

In theory, you have a point, but realize its up to them who they want to litigate. There is nothing that says "if you sue one person for something, you have to sue everyone." Its pretty clear they don't want their brand associated with scammy zip submit that get people to sign up for a bunch of shitty DR offers they don't want. I'm sure they're fine (more than fine, for that matter) with people giving them as prizes at legitimate events, gifts to top customers, etc. The prior has the explicit intent of exploiting the brand name without any actual benefit to the end user. The latter is a gift of a highly valued product, where all parties involved leave feeling good about it.

Apple owns an epic fuckton of data about the US population at this point. The reason they're able to get away with this is because people feel good about apple. Shit like this puts them at risk of being associated with things that make people feel bad, which is a serious risk for a colossus like them.
 
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