It would seem Home Depot needs to dust off their virtual copy of company ethics, or at least read it a couple more times, because after I read through it, there seem to be some glaring contradictions between the document and reality. From what I can tell, they did not run this contest in compliance with the law. Do you have any information to say otherwise? Let's take a look at what Home Depot itself says (emphasis added):
"The Home Depot has a strong commitment to ethics and integrity, and our core values define the means by which we do business. Each day we are challenged to be fair and consistent, to be compliant with the laws that govern our activities, and to notify others when something needs to be corrected."And to put this in perspective, I'll repeat some of what's in the post below, entitled "Food For Thought". In it I examine one perspective on contest law. Remember, according to Home Depot's own rules, any entry that contains copyrighted material should be disqualified, but they allowed it to be re-edited instead:
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"Doing the right thing while performing your job may not always seem the easiest choice or the most expedient way, but it is always the only choice and the only way."
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"It is our mission to be a good corporate citizen and to serve each community in which The Home Depot conducts business. We will obey the laws and respect the customs of each community and will encourage participation and involvement in community affairs"
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"It is everyone’s responsibility to comply with all of the laws that govern The Home Depot’s activities, and to adhere to our Corporate Compliance Policies, Standard Operating Procedures (SOPs), and other Company standards at all times."
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"Each Director, Officer and Associate should always deal fairly with the Company’s customers, suppliers, competitors and Associates. None of us should take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other unfair practice."
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"Do not use or copy a trademark, copyrighted material, trade secret or patented invention of another"
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"Violations of the law, this Policy or any of our Corporate Compliance Policies may expose Directors, Officers, Associates and the Company to civil and criminal liability."
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"Anyone who violates the Company’s policies is subject to discipline up to and including termination. These disciplinary measures apply equally to those who condone improper or illegal conduct by another Associate. Associates may report Policy violations or other concerns to their Manager, the Corporate Compliance Team or anonymously, through the Company’s AwareLine at (800) 286-4909."
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"The Company will not tolerate any retaliation or threats of retaliation against anyone that reports in good faith a violation or suspected violation of the law, any Company Policy or the Business Code of Conduct and Ethics."
... Certainly, the rules should include protections for the promotion sponsor, such as limitations on the number of entries permitted and the manner in which entries may be submitted (e.g., precluding bulk-mail entries). The promotion rules should be written carefully, because the sponsor will be legally bound to adhere to them once the promotion begins.
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Eligibility should also be conditioned on compliance with the Official Rules.
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Perhaps the most important thing to remember is that the creativity and low-cost of the Internet as a medium should not be an excuse to avoid legal compliance. If anything, it should up the ante, as the reach of the Internet is incredibly broad, and legal compliance becomes all the more important when one’s promotional campaign may be virally emailed all across cyberspace.
