Sweepstakes bring reach. With clear conditions of participation, data protection notices and labeling, you avoid cease-and-desist letters.
The Basic Rules
Competitions on social media are regular business activities. Participants must be clearly informed about the organizer, period, prices, participation requirements and draw.
- Make conditions of participation easily accessible
- Set age limits
- Mark sponsored prices
- Observe platform rules
Privacy
The necessary data may be processed for the implementation. Separate consent is required for newsletters or disclosures.
No gamble
If participation in a purchase is linked, there is a risk of unauthorized gambling or impermissible coupling. A free opportunity to participate creates security.
Practical examples
Giveaway with marking obligation
Situation: A creator demands to tag three friends.
Classification: Platforms partially limit this. Without the conditions of participation, the competition can be warned.
Recommendation: Add conditions and check platform rules.
Price from a brand
Situation: A creator is giving away a product that makes a brand.
Classification: The post is to be marked as advertising.
Recommendation: Call “advertising” and sponsor clearly.
Data for the brand
Situation: The brand wants the contact details of the participants.
Classification: Sharing requires consent.
Recommendation: Prepare consent text and agreement with the brand.
Conclusion
With a good template, a legally secure competition is set up in a few minutes.
Do you have questions on this topic? More on this on our page Sweepstakes and giveaways or directly via our Initial assessment.
Frequently asked questions
Do I need conditions of participation for a giveaway?
Yes The organizers, the participation period, profit, participation requirements and the determination of the prize must be clearly stated. Without them, there is a risk of a cease-and-desist letter under competition law.
Can I make participation dependent on someone marking an account?
This is allowed as long as the mechanics are transparent and the platform rules allow it. Instagram, for example, prohibits users from asking for incorrect markings. On the other hand, a purchase obligation to participate is generally not permitted.
Does a sweepstakes have to be marked as advertising?
If a company makes the profit or the contribution advertises a product, yes. The marking must be recognizable at the beginning of the article, for example with “Advertisement” or “Advertisement”.
Further information: Sweepstakes and giveaways · Advertising law and labeling obligations