HOW TO: Legally run a Facebook promotion
For reasons unknown some brands hop on Facebook and merely start executing tactics. Let's run a Facebook promotion today! Yeah, that sounds great! We'll just post one status update with a few words and that's it, right?
Uhm...no.
Running a Facebook promotion -- as with any offline promotion -- requires not only a well-thought out strategy but also abiding by FTC - yes folks - FTC legal rules and regulations (Chapter 30 of Title 39 of the U.S. Code) that have been in place for decades. Then each state also has their own specific set of rules and regulations for online or offline promotions and sweepstakes.
Why are rules and regulations necessary for promotions or sweepstakes?
Basically by following these rules you cover your tush against any sort of liability. Say your brand opted to give away food and the winner got salmonella and then sued you. Then what? Your $10 give-away turned into a huge nightmare!
If that isn't enough - Facebook also has their required rules and regs for running a legal promotion or sweepstakes on their site. Facebook rules and regulations (also below) are in place to remove their liability from a promotion gone awry.
But don't worry. Check out the third party Facebook promotions app by North Social. North Social is nicely integrated into Facebook. Includes a legal like-gate option. Gives easy step-by-step instructions. And better still North Social offers a free-trial to get you started.
Don't want to bother abiding by any of these rules? It's your option. But as noted below...it's also Facebook's option to...."We reserve the right to reject or remove Pages for any reason."
When in doubt, please do take this free legal tip from powerhouse law firm Winston & Strawn
"Contact your attorney to ensure your fulfillment and ... practices are in compliance with all state laws."
READERS: What recommendations do you have for running a smoooth Facebook promotion?
Facebook Promotions - Rules & Regulations
If you use Facebook to communicate about or administer a promotion (such as a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals). Please note that compliance with these guidelines does not constitute the lawfulness of a promotion. Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert.
i. Promotions on Facebook must be administered within Apps on Facebook.com, either on a Canvas Page or a Page App.
ii. Promotions on Facebook must include the following:
a. A complete release of Facebook by each entrant or participant.
b. Acknowledgment that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
c. Disclosure that the participant is providing information to [disclose recipient(s) of information] and not to Facebook.
iii. You must not condition registration or entry upon the user taking any action using any Facebook features or functionality other than liking a Page, checking in to a Place, or connecting to your app. For example, you must not condition registration or entry upon the user liking a Wall post, or commenting or uploading a photo on a Wall.
iv. You must not use Facebook features or functionality as a promotion’s registration or entry mechanism. For example, the act of liking a Page or checking in to a Place cannot automatically register or enter a promotion participant.
v. You must not use Facebook features or functionality, such as the Like button, as a voting mechanism for a promotion.
vi. You must not notify winners through Facebook, such as through Facebook messages, chat, or posts on profiles (timelines) or Pages.
vii. Definitions:
a. By “administration” we mean the operation of any element of the promotion, such as collecting entries, conducting a drawing, judging entries, or notifying winners.
b. By “communication” we mean promoting, advertising or referencing a promotion in any way on Facebook, e.g., in ads, on a Page, or in a Wall post.
We reserve the right to reject or remove Pages for any reason. These terms are subject to change at any time.
Amended Pages Terms for State and Local Governments in the United States.
For reasons unknown some brands hop on Facebook and merely start executing tactics. Let's run a Facebook promotion today! Yeah, that sounds great! We'll just post one status update with a few words and that's it, right?
Uhm...no.
Running a Facebook promotion -- as with any offline promotion -- requires not only a well-thought out strategy but also abiding by FTC - yes folks - FTC legal rules and regulations (Chapter 30 of Title 39 of the U.S. Code) that have been in place for decades. Then each state also has their own specific set of rules and regulations for online or offline promotions and sweepstakes.
Why are rules and regulations necessary for promotions or sweepstakes?
Basically by following these rules you cover your tush against any sort of liability. Say your brand opted to give away food and the winner got salmonella and then sued you. Then what? Your $10 give-away turned into a huge nightmare!
If that isn't enough - Facebook also has their required rules and regs for running a legal promotion or sweepstakes on their site. Facebook rules and regulations (also below) are in place to remove their liability from a promotion gone awry.
But don't worry. Check out the third party Facebook promotions app by North Social. North Social is nicely integrated into Facebook. Includes a legal like-gate option. Gives easy step-by-step instructions. And better still North Social offers a free-trial to get you started.
Don't want to bother abiding by any of these rules? It's your option. But as noted below...it's also Facebook's option to...."We reserve the right to reject or remove Pages for any reason."
When in doubt, please do take this free legal tip from powerhouse law firm Winston & Strawn
"Contact your attorney to ensure your fulfillment and ... practices are in compliance with all state laws."
READERS: What recommendations do you have for running a smoooth Facebook promotion?
Facebook Promotions - Rules & Regulations
If you use Facebook to communicate about or administer a promotion (such as a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals). Please note that compliance with these guidelines does not constitute the lawfulness of a promotion. Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert.
i. Promotions on Facebook must be administered within Apps on Facebook.com, either on a Canvas Page or a Page App.
ii. Promotions on Facebook must include the following:
a. A complete release of Facebook by each entrant or participant.
b. Acknowledgment that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
c. Disclosure that the participant is providing information to [disclose recipient(s) of information] and not to Facebook.
iii. You must not condition registration or entry upon the user taking any action using any Facebook features or functionality other than liking a Page, checking in to a Place, or connecting to your app. For example, you must not condition registration or entry upon the user liking a Wall post, or commenting or uploading a photo on a Wall.
iv. You must not use Facebook features or functionality as a promotion’s registration or entry mechanism. For example, the act of liking a Page or checking in to a Place cannot automatically register or enter a promotion participant.
v. You must not use Facebook features or functionality, such as the Like button, as a voting mechanism for a promotion.
vi. You must not notify winners through Facebook, such as through Facebook messages, chat, or posts on profiles (timelines) or Pages.
vii. Definitions:
a. By “administration” we mean the operation of any element of the promotion, such as collecting entries, conducting a drawing, judging entries, or notifying winners.
b. By “communication” we mean promoting, advertising or referencing a promotion in any way on Facebook, e.g., in ads, on a Page, or in a Wall post.
We reserve the right to reject or remove Pages for any reason. These terms are subject to change at any time.
Amended Pages Terms for State and Local Governments in the United States.
About Karen Moran
Like her love for adventure travel, Karen Moran's 15 year advertising career has been quite a journey.
She launched her ad career at iconic Leo Burnett. From there she went on to BBDO, Publicis & Hal Riney, West Wayne and others.
With an equally diverse client roster, Karen has managed multi-million dollar ad campaigns for Dodge, Toyota, Oldsmobile, Sealy, OfficeMax, Time Warner Cable, Disney Cruise Line, Canyon Ranch, the Kissimmee Convention & Visitors Bureau and even worked on post-Hurricane Katrina marketing efforts for the Mississippi Gulf Coast Convention & Visitors Bureau.
Karen has since given up big ad agency life to go off on her own. She is now Chief Mischief Maker (aka Head Cheese) at Magnet Social Media When not diligently working to help small brands ignite and foster social dialogue, Karen enjoys her time being out on the water. After all her company is located on a tiny palm-tree laden, stop-light free island called Matlacha off Fort Myers, Florida. Population less than 800. No really, it is.
And, if ya every get a chance to speak with Karen, be sure to ask her how she got a Major League Baseball player...to tweet.
Magnet Social Media
Fort Myers, Florida
Phone: (239) 314-4778
Contact Magnet Social Media to turn your brand into a social media magnet.
Like her love for adventure travel, Karen Moran's 15 year advertising career has been quite a journey.
She launched her ad career at iconic Leo Burnett. From there she went on to BBDO, Publicis & Hal Riney, West Wayne and others.
With an equally diverse client roster, Karen has managed multi-million dollar ad campaigns for Dodge, Toyota, Oldsmobile, Sealy, OfficeMax, Time Warner Cable, Disney Cruise Line, Canyon Ranch, the Kissimmee Convention & Visitors Bureau and even worked on post-Hurricane Katrina marketing efforts for the Mississippi Gulf Coast Convention & Visitors Bureau.
Karen has since given up big ad agency life to go off on her own. She is now Chief Mischief Maker (aka Head Cheese) at Magnet Social Media When not diligently working to help small brands ignite and foster social dialogue, Karen enjoys her time being out on the water. After all her company is located on a tiny palm-tree laden, stop-light free island called Matlacha off Fort Myers, Florida. Population less than 800. No really, it is.
And, if ya every get a chance to speak with Karen, be sure to ask her how she got a Major League Baseball player...to tweet.
Magnet Social Media
Fort Myers, Florida
Phone: (239) 314-4778
Contact Magnet Social Media to turn your brand into a social media magnet.
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