Sweepstakes promotions are great promotional tools which serve
to engage consumers and attract new ones. When advertising
sweepstakes on social media, businesses must be careful to abide by
each respective social media platform's distinct promotional
contest rules, policies and guidelines. By way of example, in this
blog we highlight the rules that sweepstakes operators must follow
when creating and advertising Facebook sweepstakes promotions.
What are Facebook's sweepstakes policies?
Facebook Sweepstakes Policies
In addition to adhering to all applicable
state and federal sweepstakes and marketing laws, sweepstakes
operators must also comply with Facebook's sweepstakes
policies. Facebook is constantly revising its prize promotion
policies. Therefore, businesses must review Facebook's
guidelines prior to creating any new promotion that will be
marketed on the platform. A couple of the requirements that
Facebook consistently has in place for sweepstakes that are
advertised on its platform include: 1) the requirement that each
entrant/participant release Facebook from any and all liability as
a condition of entry; and 2) acknowledgement in the contest rules
and sweepstakes disclaimer that the promotion is in no way
sponsored, endorsed, administered by, or associated with, Facebook.
Presently, Facebook's sweepstakes policy instructs sweepstakes
operators to prohibit entrants from disclosing that they have
entered the applicable contests through personal timelines and
friend connections. For example, language such as "share on
your friend's timeline to get additional entries" is not
permitted. In addition, promotions may only be administered
on Facebook business pages, groups, events, or within
apps.
FTC Marketing Guidelines
The Federal Trade Commission's ("FTC") product endorsement and testimonial guidelines make clear that whenever there exists any manner of financial, employment, personal or family relationship between a business and one of its influencers, a conspicuous disclosure needs to accompany any promotional social media post/video/photo in simple and clear language. To accomplish this, influencers should use simple explanations, such as "thanks to Acme brand for the free product," or terms such as "advertisement," "ad" and "sponsored" in their contest-related promotional media. Please note that, the FTC does not consider abbreviations, such as "sp," "spon" or "collab," or stand-alone terms, such as "thanks" or "ambassador," to be appropriate endorsement disclosures.
The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising are a must use resource to reference when engaging influencers/advertisers to promote Facebook sweepstakes. In addition, as always, it is highly recommended that businesses work closely with knowledgeable counsel before launching any sweepstakes promotions that are featured on social media.
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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.