Apple guidelines prohibit third-party giveaways with iPhones and iPads as prizes — but that hasn’t stopped enterprising companies from using Apple’s latest hot product, the iPhone 4S, as a contest giveaway.
In the past, the Cupertino company has cracked down on a few iPad giveaways – in one case not approving a company’s app until it pulled the contest – but it has been hit and miss.
Some of the iPhone 4s contests are giving out Apple store gift certificates – an interesting workaround since the third-party promotion rules specifically prohibit giving out iPad, iPhone and iPhone gift certificates.
The two-page document, released in April 2010, is nearly 850 words of specifics about wording, art and trademark rules for third-party giveaways. (The complete guidelines from Apple are available in .PDF here.)
In some cases, Apple discourages giveaways — you must buy 250 iPods to use them in a contest, for example.
But the first paragraph states, in italics for emphasis, that Apple’s hottest products are all strictly verboten when it comes to freebies:
“iPad, iPhone and the iPhone Gift Card may not be used in third-party promotions.”
Hard to say whether Apple will step up enforcing the guidelines with its latest device, so if you’re tight on cash and considering trying to win an iPhone 4S, consider yourself forewarned.
Just a few of the companies offering the iPhone 4S as a contest prize include:
Nicole Martinelli is a San Francisco freelance writer who heads up Cult of Mac Magazine, our weekly publication available on iTunes. You can find her on Twitter and Google+. If you’re doing something new, cool and Apple-related, email her.
16 responses to “iPhone 4s Contests Abound, Despite Apple Veto on Giveaways”
What’s the big deal if they are given away? Are they not already purchased?
Mostly it has to do with the use of Apple Trademarks and the implication that Apple approves of the group doing the giveaway.
The last thing Apple would want, for example, is an iPhone giveaway and the implied endorsement for a group like “The Neo Nazi League for the Violent Extermination of All Homosexuals, Negros and Jews”
Maybe, but I don’t think Apple can do a thing to a party who buys an iPad specifically for a give away. They only have leverage with retailers (and perhaps developers) only because they have leverage.
This is mostly false information. Apples ban on free giveaways only applies to dealers, retailers and bulk purchasers that can purchase discounted units for promotional purposes. The policy is part of the Promotional Purchase agreement. Apple can not and does not do anything about giving away product purchased normally. Of course retailers cannot use the Apple name or logo without following Apple’s rules same as any other company.
And the App not approved was not due to giving away an iPod but for giving away anything. It is against Apple rules (and most state laws) to use a product giveaway to promote the sale of an App. Buy app x and get a chance to win and iPod is an illegal Sweepstakes.
If the company uses Apple’s trademarks without permission, Apple has all kinds of legal leverage. Even just the name iPhone, iPad etc is a trademark item.
I don’t think so.
If a company purchases an iPad through legal means through a retail transaction and then chooses to give it away they may use those trademarks necessary to describe the item. That is not a trademark infringement.
The only leverage Apple has is to refuse to sell merchandise to a retailer if they break their agreement or potentially file suit for breach of contract. A third party is under no such restriction.
Your wrong (mostly). The ban applies to everyone but it isn’t enforced much. The fact that technically they don’t “go after” people on this has more to do with PR than anything else.
You’re wrong (entirely.) The first sale doctrine in the US precludes Apple from going after people for giving away their products. If the promotion does not confuse people into thinking it’s affiliated with Apple, and trademarks and copyrights are not used improperly (Apple doesn’t decide what’s improper, there are laws that define it) then Apple cannot do a damn thing.
It’s just like those “Not For Resale” labels on promotional CDs. People who receive them are free to sell them, or give them away or whatever they want. They can’t, Apple can’t, no one can tell you what you may do with something after you buy it (or receive it as a gift/promotional item.