As of August 27, Facebook has changed some of its rules for
businesses running promotions on the social media platform.
Designed to make it easier to administer promotions on Facebook,
the new rules remove several logistical requirements that
previously deterred small businesses from using Facebook for their
promotions. See announcement
here
.
Key changes include:
- An app is no longer required - Now promotions, such as contests and sweepstakes, can be run using the sponsor's page or a custom-built app.
- Facebook features can be used for entry - Although prohibited in the past, now sponsors can collect entries by having people post on the sponsor's page, comment on/like a page post or message the page. But personal timelines cannot be used (so sponsors can't encourage people to "share on their timeline to enter").
- Likes can now be used as a voting mechanism - In the past, sponsors had to use a separate means to collect votes. Now, the Like button can be used, consolidating these steps.
However, sponsors can't encourage users to inaccurately tag
content (e.g., tag themselves in content they are not actually
depicted in).
Also, other existing rules still apply, such as the requirement
that entrants release Facebook from liability and that sponsors
make clear that they (and not Facebook) are administering the
promotion and collecting any content/information from users. See
the Facebook Pages
Terms, Advertising
Guidelines
and other pages linked therein for more information.
What this means for you:
Brand owners and businesses of all sizes now have another option
for running contests and sweepstakes on Facebook. Many marketers
have applauded the changes, including the ability to run a
promotion without hiring a third-party app developer. Others note
possible difficulties in administering promotions on a page, rather
than through an app that offers more control over random drawings
and enables sponsors to collect entrants' e-mail
addresses.
Several legal issues arise from these changes. Sponsors need to
ensure that random drawings are truly "random" to avoid
misrepresenting their promotions. Sponsors remain responsible for
the lawful operation of their promotions, including disclosure of
the material terms and conditions, and should consider how to make
these disclosures (including the mandatory release of Facebook) on
their pages, along with setting forth the official rules that
govern the promotion, in a clear and effective manner. And although
"Like gating" is commonly used, it remains to be seen
whether any jurisdictions will find that requiring people to engage
with the business on Facebook (via liking, sharing, or commenting
on a page post) rises to the level of consideration. If so, an
alternative method of entry may be needed to avoid the combination
of "prize, chance and consideration," the three indicia
of an illegal lottery.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.