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How to Keep Your Ads Legal

While most small businesses don't set out to be deceptive or break the law with their advertising, it can happen. Here are a few common pitfalls to watch out for.

  • Bait and switch--It is illegal to advertise a product to get people in the door with the plan to sell them a different (often higher-priced) item. Most ethical business owners don't do this, but if you know going into the ad that you have limited stock, it's best to make that clear upfront. If you do run out of the advertised special, offer rain checks or at least a comparable item and pricing instead.
  • Misleading claims--Any claims made in your advertising must be factual and something you can prove if questioned about it. An example of a challenged claim is Papa John's "Better Ingredients. Better Pizza." tagline. Ultimately Papa John's was able to keep the tagline, but it's a great example of what to watch out for.
  • Deceptive pricing--It's unlawful to state an item is on sale if it's actually the regular price. Nor can you advertise something is free when in fact there are hidden or additional fees. Another false "deal" is when the stated regular price isn't ever used or adhered to. You shouldn't mark up a price with the sole intention of making it appear to be a good "sale."
  • Unfair comparisons--If you are comparing products or services you offer against your competition's, make sure you're truly comparing apples to apples.
  • Sweepstakes and contests--These can be very appealing but also are highly restricted by law to make sure they aren't actually a lottery. Be sure to review the contest rules in depth before using it in your advertising. Then make sure you don't forget to use the very important statement "NO PURCHASE NECESSARY." 

Too Busy to Advertise?

If sales were evenly distributed throughout the year, each month would account for 8.3% of annual revenue. That's not what most businesses experience, however. Instead there are usually cycles of busier and slower times. For example, restaurants often see an influx on certain holidays like Mother's Day, sports stores sell more at the start of each sport's season and accountants are swamped leading up to tax day. If you don't plan ahead, you may feel like you are too busy running the business and helping customers to worry about marketing and advertising. If you think you don't need to waste money on marketing because the customers are already streaming in, think again.

Just because customers are in the mood to buy what you're selling doesn't mean they are choosing your business. With a solid marketing plan, hopefully you are "top of mind" with your prospects, but that's not a guarantee. Something as simple as your competition's ad may have caught their attention instead. Of course, there are a thousand and one other things that can impact consumers' purchase decisions. The most successful businesses know the importance of ramping up their marketing and advertising efforts just before and during their busiest time. It helps remind shoppers of all the benefits, offerings and reasons to choose their business.

Let's face it. Unless you have zero appointment times left or completely empty shelves in your store, you can benefit from more customers. There's always market share to be captured. What better time to pursue it than when customers already want what you've got without advertising? Now, you're sealing the deal more than selling them on the purchase.  That's a smart business strategy.

Are You Advertising Brand Name Products?

Does your business sell any brand name products?  Are you featuring them in your ads? If not, you are likely missing out on a great opportunity. For starters, you can often get advertising help from the manufacturer. Many have co-op advertising programs where the manufacturer will pay for part or even all of your ad cost if your ad and business meet certain criteria. Even if you can't get financial help, you can often get professional quality product images to use such as those in the Kwikee library. 

There are quite a few benefits to featuring the brands you sell in your ads.You can:
  • Help consumers associate your business with the reputation and familiarity of the brand name product. 
  • Use the consumer interest in that brand to get people into your store where they can buy other items, too.
  • Capitalize on the ad campaigns the brands are running via national media outlets.
  • Give your ads a specific focus--narrowing the messaging to one product or category. 
  • Tap into the professional and strategically crafted messaging and graphics without incurring production costs of the same caliber. Stretch your ad budget further using co-op advertising funds (and buying more ads often means you get a lower ad rate, thus getting you even more exposure with the same budget).
  • Sell more product, and in turn, that typically helps you earn more co-op dollars for additional advertising. 
Examples of brands known for offering co-op advertising include: Benjamin Moore paints, Yamaha Motor Sports, Columbia Sportswear, Toro, Kohler, Kubota, Rolex, Scotts and Anderson Windows.

Examples of brands offering product images through Kwikee include: Coco-Cola, Hormel, Kraft, Old Orchard, Bigelow Tea, Clif Bar and Sun Chips. Other manufacturers may offer product images through their own website for distributors, too.

Tired of Your Current Ad Campaign?

Have you been running the same ad or ad campaign so long you're not sure you can handle seeing it one more time? If so, good! That means your audience is just starting to recognize and remember it. This may come as a shock to you or maybe just a good reminder but one of the most important ingredients in effective advertising is repetition. Scratch that, it's "repetition, repetition, repetition."


Skeptical? Think that saying is just a ploy by some media sales reps to increase advertising? Think again. Think back to grade school and how you were taught vocabulary, spelling or even multiplication tables. Lots of repetition (repetition, repetition), right? 


There are a lot of scientific articles out there that explain how long-term and short-term (aka working) memory works, but the simple explanation is that repetition helps transfer information to long-term memory that can be recalled more easily. Another reason repetition works is because it creates familiarity that tends to ensure a level of safety and trust in our brains.  


If you're still thinking that surely your customers have seen your ads as much as you and must be sick of seeing them too, think again. Many variables affect how much attention is given to any single exposure, so you can't expect someone who reads the paper your ad is in daily to cognitively notice your ad each time it appears. 


We're not saying you can never change your ad copy or design, just make sure it's a warranted change and try to keep as much consistency between ads as possible to build on the repeat exposures. One of the worst reasons for changing up your ad campaign is because you are tired of it. Once you're sick of seeing it, you can bet it's starting to truly be recognized by consumers.

Ad Design Defined: CPM

CPM stands for cost per thousand, referring to the number of people who see an ad. Media buyers use this standard to compare advertising options since reader, viewer and listener numbers and rates vary so much. With print publications using circulation numbers and broadcast mediums typically using audience numbers, CPM helps create an "apples to apples" analysis. In case you don't want to do the math yourself, there are a number of websites with automated calculators to do it for you, like this one from SRDS. SRDS even breaks out the formula by media type with multiple variables (it's basically the same formula but just more specific in type and source), such as:

For print media (when audience data is not available):

CPM = Cost of 1 ad x 1000
Circulation 

For broadcast media (based on homes reached by a given program or time period):

CPM = Cost of 1 unit of time (commercial) x 1000 
           Number of homes reached by 
           a given program or time period 

Media costs, as in what you pay to actually have your ad appear in the newspaper or on TV, get the largest allocation in most ad budgets, so it's definitely worth your time to calculate the CPM and let it play a role in your strategy. Of course, like all aspects of advertising, you shouldn't use it in isolation either. Many other variables play into the quality of that number. For example, a 2x2 ad will have a much lower CPM than a half page ad, but that doesn't mean the 2x2 is a more effective use of your money. Likewise, if your TV commercial reaches people who are too far away to actually drive to your business, it won't be an "apples to apples" comparison with a newsletter for a neighborhood association down the block from you.

Finding the Right Advertising Message

According to an extensive seven-year, million-dollar plus study done by the Wharton School of Business at the University of Pennsylvania, successful advertising hinges mostly on crafting the right message. In fact, according to an article in Entrepreneur, the study concluded there are only three consistent facts regarding advertising return on investment:

  • Results are NOT tied to dollars spent.
  • Results are tied to the message.
  • Once the message is working, repetition makes it work better.

Crafting the right message, with both copy and graphics, is extremely important, but how do you know you've got the right message? One of the best solutions is to test it.


As a small business, you likely don't have the resources to have focus groups and test markets at your disposal. You do have other options. 


The first and most expensive way to test is to just run the campaign and keep track of the responses you get. Another lower cost option is to run a smaller version of your ad in the classified section or whatever media you're planning to use. Your response will be smaller but you can still see if it generates any action. 


You could also try Google or Facebook ads with similar copy. The cheapest route―and least scientific―is to share it with your friends, family and loyal customers via email, your blog, Facebook, Twitter, etc.  Use them as your test market and see if you generate any sales. If they don't respond, don't expect those less familiar with your products/service/business to.


Once you get an effective message in place, repeat, repeat, repeat. The Wharton study found that good messages advertised consistently usually equal twice the growth in year two and triple the growth in year three. 




The Right Amount to Spend on Advertising?

Are you wondering how much to spend on advertising? There are several popular theories around. One says about 5 to 10% of gross sales. Another says that recommendation is flawed because it doesn't account for your markup and rent costs. 


Then there's the real world where you figured out a budget using one of those formulas years ago (or maybe just made it up), but are now in the rut of just using last year's budget as a guide. Sound familiar? 


If so, it's time to evaluate your ad budget based on a few more relevant factors including:

  • What's going on in your community? Is it growing or shrinking. Any planned construction projects that will affect traffic and ease of accessing your business. 
  • What's going on competition wise? Are there any new shopping areas opening?  Are any direct or indirect competitors opening stores?
  • What's going on inside your business? Do you have any new products or services being launched? Are there any major changes in your operations that will impact your customers? 
  • What's going on in your economy?  Are employers hiring or cutting back? How are consumer confidence and outlook?
  • What seasonal impacts will affect sales throughout the year? Should your budget vary month to month to meet these variations, or would you be better served by a consistent campaign all year long?
  • Where do you want your sales to be? If you want to grow your business, you need to grow your marketing efforts accordingly. Increasing your advertising budget is one effective way to get there, assuming you use that money effectively to reach the right audience with the right message.

Yes, it takes a little more time to adjust based on these factors and some may argue "If it's not broke, don't fix it," but really the saying, "If you always do what you've always done, you'll always get what you've always got," is more appropriate advice. Marketing and advertising are an investment. Change may carry some risk, but the rewards can be greater.

Advertising To Help New Year Resolutions

People love the idea of starting fresh by making resolutions for the New Year. According to USA.gov they are often along these lines:

  • Drink less alcohol
  • Eat healthy food
  • Get a better education
  • Get a better job
  • Get fit
  • Lose weight
  • Manage debt
  • Manage stress
  • Quit smoking
  • Reduce, reuse and recycle
  • Save money
  • Take a trip
  • Volunteer to help others

If your business can help people in any of these categories, here is some further thought to help you craft your advertising strategy based on information from Psychology Today:

  • Resolutions usually fail for half of Americans after six months if not sooner. 
  • They usually fail because they require change. 
  • According to Psychology Today, "We don't make an effort to change because of negative emotions that we are experiencing, such as fear, anger, sadness or frustration."
  • Emotion plays a large role in deciding to make a change (or resolution).
  • Resolutions often fail because they lack actionable goals and planning or our emotions get in the way.

Here are a few ideas to get your creative juices flowing:

  • Run ads starting February 1 (or June 1) asking how the resolutions are going and offering your help making them stick this time.
  • Take some inspiration from the Anti-Resolution campaign and encourage more specific actions vs. general goals (be sure to click through until you see their action billboard.)
  • Focus on the emotional aspects of the resolution that your business connects with.


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Which Ad Slogans Are Worth Money?

Take a creative copy break by exercising your brain with a fun ad slogan quiz. Can you name the advertiser who used each slogan?

1. Don't leave home without it.
2. Reach out and touch someone.
3. We try harder.
4. The ultimate driving machine.
5. Have it your way.
6. Does she or doesn't she?
7. The best a man can get.
8. When you care enough to send the very best.
9. Because I'm worth it.
10. The Uncola.
11. Raise your hand if you're sure.
12. It takes a licking and keeps on ticking.
13. Be all you can be.
14. It's everywhere you want to be.
15. Drivers wanted.

Answer key:
1. American Express, 2. AT&T, 3. Avis Rent A Car, 4. BMW, 5. Burger King, 6. Clairol, 7. Gillette, 8. Hallmark, 9. L'Oreal,  10. 7Up, 11. Sure, 12. Timex, 13. U.S. Army, 14. Visa, 15. Volkswagen

Which ones did you get right?  Do you see a correlation? Did any of these have an impact on your buying decision (or impulse buys)? Keep in mind how much these brands spent getting us to associate them with the slogan and not all worked. Slogans can be effective but most small businesses shouldn't rely on them to drive sales.They may be helpful as a cue close the deal, but a strong persuasive ad and call to action are more resourceful uses of small ad budgets. Slogans sure are fun, though. 

Get the Features Out of Your Ads

Take time to step back and view your ads as a prospect might. 


Do they focus on your company's or product's features?  Do they focus on what you're offering customers?  How often does your copy say "us," "our" or "we" or use your company's/product's name as the subject of a sentence?


It's easy to talk about how great your company/product is and tell your customers all about it. Often the correlated benefits seem obviously connected so you may think they are working just fine. Reality is most prospects really don't care how great your product is, how helpful your employees are, or what is new and improved. What they do care about is simplifying their life, finding more time, enjoying whatever, etc. 


Instead of saying something like

  • "Prices slashed," say "more money in your pocket"
  • "Knowledgeable employees," say "get all your questions answered"
  • "Does XYZ...," say "helps you..."

You get the idea. It may seem like these examples basically say the same thing, but by pushing benefits instead of features, you'll boost your advertising's effectiveness and your bottom line.

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