
Facebook has recently amended its Promotion Guidelines. The changes came into force on 11th May 2011 and affect the administration of all contests, competitions and prize draws administered or communicated via the site. Promoters should familiarise themselves with the new rules, which significantly reduce the Facebook features that can be used to enter/administer a promotion. The new rules effectively distance Facebook from any legal association with third party promotions being run or advertised on the site.
Previously promotions on Facebook could be run on Walls or Albums. The new rules require all promotions to be administered only from within an App on the site. Under the new rules Promoters cannot use any Facebook features as a means of automatic entry or registration to promotions e.g. Liking a Page or uploading a photograph on a Wall cannot be used as an automatic means to register for or enter the user into a promotion. However, the specific functions of Liking a page, checking into a Place or connecting to an App may still be used as a condition of entry to promotions.
Similarly, using the ‘Like’ button can no longer be used as a voting mechanism for promotions. This is likely to be a concern for Promoters who previously used ‘Liking’ to encourage user participation and engagement with their promotion or competition.
Under the new rules, Promoters are also prohibited from notifying promotion winners using Facebook communication channels such as wall posts, chats or messages so Promoters will need to ensure they collect independent means of contacting participants in order to notify winners.
Promoters must ensure that all promotions include:
a liability release for Facebook from each entrant or participant;
an acknowledgement making clear that the promotion is not sponsored, endorsed, administered or associated with Facebook; and
a statement that the entrant is providing information to the Promoter and not to Facebook.
Other than to fulfil these strict requirements, Promoters are no longer permitted to use Facebook’s name, trademarks or any other intellectual properly in any manner in connection with their promotion.
The revised Promotional Guidelines can be found here.
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