Tom Bodkin
Giveaways and competitions run via social media are subject to terms and conditions just as much as other forms of marketing and promotion. Corporate solicitor Tom Bodkin, of Borneo Martell Turner Coulston Solicitors in Northampton, delves into the detail.
……………………………….
Published in association with
SOCIAL MEDIA contests have become a popular way for businesses to engage with existing customers, drive up new user participation, increase brand visibility and to foster new sales through marketing data and analysis.
“With the array of social media platforms available to businesses, it is often considered ‘free’ marketing to run contests and promotional campaigns,” said Tom Bodkin, a partner in the commercial team with Borneo Martell Turner Coulston Solicitors in Northampton.
“However, like all other competitions, rules need to be clear and transparent to participants and social media is no exception.
“It might seem overkill for a giveaway but this shows your business is on top of its obligations and is using social media platforms responsibly and legally for its business marketing.”
Social media contest terms and conditions need to take account of each social media platform’s terms and conditions for running contests as well as other rules, regulations or codes of conduct stipulated by the Advertising Standards Agency.
It is not advisable to have a standard template that you use for every contest or campaign you run.
While there is currently no legal requirement to have terms and conditions accompany each social media contest campaign you promote, it is clear that good practice would warrant having the terms in place. Some pertinent benefits include:
- Terms and conditions will give transparency about the rules of the contest.
- You would be reducing the risk of participants complaining they have been induced into entry without fully understanding the risks to them.
- The more detail you can lay out in the terms and conditions, the more compliant you will be with the use of social media platforms for your business marketing.
On the other hand, choosing not to have terms and conditions in place (or merely writing the rules of the contest in a few lines in one post) could expose you to risks that might be more costly than putting the terms in place at the start.
Examples include:
- Reputational risk. If your rules are not clear and participants enter without fully understanding the rules, this could impact your business reputation with your online followers.
- Social media platform suspension. If a participant reports you for misleading or not being clear in how you run a contest, you could potentially face a ban or suspension from the social media platform, impacting your ability to market.
- If you forget to mention pertinent points in your post – such as allergy risks, where participants should reside etc – you could face a backlash and, worse still, a complaint to Trading Standards or a similar agency.
Here is a checklist of some of the key features to consider when drawing up your terms and conditions:
Eligibility Are there age restrictions or territory restrictions?
Entry requirements What steps have to be taken in order to participate in the contest?
Entry and end dates When exactly does the contest go live and end? In which time zone?
Purchase requirements What are these? Where and how should purchases be made?
Winner selection How will the winner be selected? Is there a judging process required? Is it random? If so, what random generator will be used?
How many winners will there be? How will the winners be notified and provided with their prizes?
Disclaimers or disclosures What is required to manage risk? For example, is your decision final? Will the winner’s identity or social media handle be revealed and shared?
Are all data protection laws with respect to the same being adhered to?
……………………………….
Stay connected with Northamptonshire business through Business Times. Join our exclusive community for the latest news, insights, updates, features and thought leadership.
Stay informed – subscribe now at bit.ly/437DsSm. Unsubscribe at any time.
