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White Curve Special Bulletin - November 17, 2009
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New Facebook Promotions Guidelines

Facebook recently developed guidelines for promotions (i.e. sweepstakes, contests and competitions) being publicized (i.e. promoted, advertised or referenced) or administered (i.e. operating any element of the promotion) on or through the popular Facebook platform.

What are the General Prohibitions?

The guidelines prohibit you from:

  • using any intellectual property belonging to Facebook (e.g. the Facebook name and/or trade-mark(s)) in the rules or any other materials relating to your promotion, without express written consent.
  • publicizing or administering your promotion on Facebook, if (among other things):
    • it is open or marketed to individuals under the age of 18;
    • its objective is to promote gambling, tobacco, dairy, firearms, prescription drugs, or gasoline;
    • it is open to residents of certain jurisdictions (e.g. Belgium, Norway, Sweden, or India);
    • the prize or any part thereof includes alcohol, tobacco, dairy, firearms, or prescription drugs; or
    • it is a sweepstakes (i.e. where the winner is selected on the basis of chance) that conditions entry upon: (i) the purchase of a product; (ii) completion of a lengthy task (e.g. creating a video or answering a lengthy survey); or (iii) other forms of consideration.

What if I want to "administer" my promotion through the Facebook platform?

In effect, you will require the prior written approval of an account representative at Facebook to administer your promotion through the Facebook platform. Even if approved, however, you must still agree (among other things) that you will:

  • only administer the promotion through an application on the Facebook platform, as directed by Facebook;
  • include the following statement adjacent to any promotion entry field:

    This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used for (…) [disclose any way that you plan to use the user's information].

  • include the following statement in the promotion rules:

    This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

  • submit promotion materials to Facebook for review and approval at least seven days prior to the start date of your promotion.

What if I want to "publicize" my promotion through the Facebook platform?

Good news! You do not need prior written approval to publicize your promotion on Facebook if it is administered completely off of Facebook. But (of course!) Facebook reserves the right to remove any materials relating to your promotion (or disable your promotion page) in its sole discretion. In addition, by publicizing your promotion on Facebook, you are agreeing (among other things) that you will NOT:

  • directly or indirectly indicate that Facebook is a sponsor or administrator of your promotion or mention Facebook in any way in the rules or materials relating to your promotion; or
  • condition entry to your promotion upon taking any action on Facebook (e.g. updating a status, posting on a profile or page, or uploading a photo).

These new guidelines come as Facebook continues its rapid ascent to the height of popularity as one of the favourite social media platforms through which to administer and publicize promotions. Advertisers and marketers must pay special attention to these new rules to ensure that they are able to continue to harness the incredible social media power that is Facebook. Full guidelines can be viewed at: facebook.com/promotions_guidelines.php

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