While our practice centers around trademark and copyright, we have found that social media is an incredibly important and challenging space for our clients’ brands. For this reason, we are staying up-to-date with all the nuances created by social media.
—————————————————–
On December 1, 2010, Facebook issued a revised set of Promotions Guidelines for sweepstakes and other contests offered on Facebook. The most significant change is that promoters no longer need to get permission from Facebook for offering a promotion through the Facebook platform. Facebook also eliminated the confusing dichotomy between promotions offered through the Facebook platform and those offered outside that platform. In addition, the rules clarify that a promoter can require an entrant to like a Page, check into a Place, or connect to a promoter’s integration before entering, but cannot condition entry upon taking any other action on Facebook.
The guidelines still retain certain requirements for all sweepstakes promotions offered through Facebook, including the core requirements that (a) promoters can only allow entries through the canvas page of the application or the application box in a tag on the Facebook page; (b) promoters must include on the entry page certain required disclaimer language that the promotion is not sponsored by Facebook; and (c) the rules must also contain such a disclaimer as well as a release of liability for Facebook.
For further information on the revised Facebook promotion guidelines, contact Scott Pink at scott.pink@dlapiper.com.