- Published Articles
- In the Press
- Press Releases
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
August 28th, 2013
Facebook Changes its Promotions Guidelines
A summary of the changes are as follows:
Facebook removed a long-standing requirement that businesses must use a Facebook app to administer promotions. Promotions can now be administered either through an app or directly on a brand''s page timeline. Facebook reiterated that promotions cannot however be administered on a personal timeline (e.g., asking users to post to their own, personal timelines in exchange for a chance to win a prize).
- Brands can now collect entries simply by having users post on their Facebook brand page or by having users comment or like a brand page post. Previously, Facebook strictly prohibited the use of Facebook features or functionality as method of entry.
- Facebook removed its prohibition on notifying winners through Facebook messages, chat or ports on timelines or brand pages. Facebook also removed its prohibition on using the Like button, and other Facebook features or functionality, as a voting mechanism.
- Accurate tagging is now required when running a promotion. Brands cannot tag or encourage people to tag themselves in content in which they are not actually depicted. For example, businesses should not require users to tag themselves in a photo of a new product in exchange for a chance to win a prize.
In addition to revising its promotions terms, the social media site also issued downloadable Promotions Guidelines with answers to frequently asked questions and some best practices for running promotions on the site.
While these changes provide brands with a faster and perhaps simpler mechanism for engaging users and collecting entries, there are some practical considerations brands should keep in mind in light of the new terms. For instance, brands may still want to consider whether using an app - which provides more flexibility for content than page posts alone - makes more sense in light of its branding strategy. Facebook apps also allow brands to collect data in a secure way and to obtain grants of rights from entrants for use of the entries outside the promotion. Additionally, brands should consider whether collecting entries via user posts on its page timeline provides enough structure to verify actual promotion entries versus unintended, or rogue, entries.
For more information about this update or other sweepstakes or contest issues, please contact Terri Seligman at 212.826.5580 or email@example.com, Claudine Wilson at 212.705.4842 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
New Low-Budget Waiver is Now Available for Digital Commercial Productions
Advertisers and agencies that are signatories to the SAG-AFTRA Commercials Contract can now take advantage of a new waiver issued by SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations when producing low-budget digital commercials.
November 10 2017
FTC Updates Endorsement Guide FAQs and Settles First-Ever Action Against Individual “Influencers”
Recent developments demonstrate the FTC's continued interest in social media endorsements.
September 11 2017
FTC Announces Reforms to Its Investigative Process
Recently, the FTC announced a set of internal reforms intended to improve the process by which the Commission investigates unfair, deceptive and fraudulent business practices. The reforms relate to the Civil Investigative Demands ("CID") that the FTC's Bureau of Consumer Protection issues to request information from investigation targets.
September 7 2017