Gaming Legal News - September 2013 • Volume 6, Number 20: Like The Weather, Facebook’s Promotional Rules Have Changed


If your company or clients run contests or sweepstakes on Facebook, you need to be aware that Facebook recently changed its promotional guidelines (“Guidelines”), yet again.

• You can now collect entries by having users post on the page or like a page post.

• You can collect entries by having users message the page.

• It is now permissible to use the “like” function as a voting mechanism.

• Use of third-party apps is now optional.

• Having entrants post content on their own personal timelines to enter is still off limits.

• Accurate tagging of photos is required.

In the previous version of the Guidelines, promotions could not use Facebook’s “like” function as a registration, entry, or voting mechanism. Under the new Guidelines, promotions may now use native Facebook functionality to collect entries, administer the promotion, and notify winners. Facebook has also removed the requirement that promotions disclose that the participant is providing information to the sponsor and not to Facebook. That being said, you still need to make it clear that you (and not Facebook) are collecting the information and obtain the necessary consent for any use of the information you collect from entrants/participants.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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