I. Social Media as a Marketing Tool
- Potential Legal Issues/Risks:
II. Online Disclosures and Social Media
1. Copyright Infringement
2. Trademark Infringement
3. Violations of Rights of Publicity and Rights of Privacy
4. Advertising Laws and Claim Substantiation
5. FTC/Regulatory Challenges
7. Use of Your Content by Others
- Disclosures are necessary to prevent an online ad claim from being deceptive or unfair. These must be clear and conspicuous.
- Complete information can be found here.
III. Sweepstakes on Social Media – Sites’ Terms
IV. Endorsements and Testimonials
- Typically, sweepstakes are subject to site’s Terms and Conditions.
- Include a broad right to cancel the sweepstakes in case issues arise with the site.
- Facebook – Promotions are specifically addressed in Facebook’s “Facebook Pages Terms”, which were revised on May 14, 2013.
- Twitter – Guidelines for contests
- YouTube – Contest Policies and Guidelines
V. Amended COPPA Rule
- Updated guidelines were published in 2009.
VI. Sweepstakes, Promotions, or Contests of Skill Checklist
- The deadline for complying with the amended COPPA Rule was July 1, 2013.
VII. Potential Discussion Topics
- Avoiding Consideration or Illegal Lotteries
- Risks of User Generated Content
- Privacy Implications
- What are the proper codes of conduct in mobile marketing?