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Major Events Management Act 2007
With excitement building around the Rugby
World Cup 2011, you may be planning a promotion around the event.
When doing so, you need to know about the Major Events Management
Act 2007 (MEMA)
MEMA prohibits certain types of marketing activities known as
"ambush marketing" in relation to certain major events. These
events currently include the Rugby World Cup in 2011 and the
Cricket World Cup in 2015.
"Ambush marketing" - what not to do
"Ambush marketing" involves promotional activity that seeks to
create an association with an event where there is no official
sponsorship or to take unfair advantage of the publicity
surrounding a major event. Such activities are deemed unlawful
because they amount to "free riding" and also undermine the value
of official sponsorship.
MEMA deals with two particular situations:
- Where an advertiser incorrectly suggests it has an association
with the event. The use of certain words and emblems are
automatically deemed to create a connection with a major event.
However the association can be more subtle. This means that even if
you don't use these particular words and emblems, you may still
fall foul of MEMA. For example, giving away or selling
tickets to a major event can give rise to an unlawful association
unless it is done correctly.
- Where an event is used to market to an audience gathered solely
for the major event. This will usually occur in close proximity to
the physical location of the event and/or major transportation
routes leading into and out of that location. MEMA provides for
"clean zones" around major event venues in which only authorised
marketing activities can take place.
How we can help?
There are a number of ways in which New Zealand businesses can
legitimately participate in the marketing opportunities that major
events such as the Rugby World Cup bring.
Our Litigation Team can:
- Advise you before you begin marketing on how to make sure your
activities comply with MEMA; and
- If you have already started marketing, advise you on any
aspects of your campaign which might be contrary to MEMA and/or
assist you in dealing with any complaint you may receive from a
major event organiser or sponsor.