Don't get sued
THE LEGALITY OF BLOGGER GIVEAWAYS
If your blog gets sponsored for a giveaway from a company that's really big. That's halfway there to got damn you made it. There seems to be an infinitely decreasing line regarding the legality of these “giveaways” myself and other bloggers are hosting. For clarification and safe guarding, if you are running a giveaway there are some things you might need to know.Steer clear of companies who ask you not to forward participants to their social media pages, e.g. twitter or facebook, or ask you to explicitly state in your giveaway that they have absolutely nothing to do with the giveaway and are justing giving you a product.
A lottery is defined as a chance, a prize and consideration. via elementary spirits
This is where it becomes tricky. An tweet for an extra entry is perceived as consideration. Therefore extra entries means you are doing a lottery not a sweepstakes and that is considered illegal. In plain english when you ask participants to like your facebook page, follow you on twitter or tweet a giveaway, that is illegal and can cause potential ramifications.
Via mizz information
Why? Asking people to do extra things to enter a giveaway places a monetary value on the entries causing it to be a lottery not a giveaway and a lottery is very illegal. Reason being if more people likes you on facebook, that has a monetary value to you and your site.(Ever notice the rules for all giveaways explicitly states “no purchase necessary to enter/win”). There's a big reason for that. Mizz information talks about a Toyota Sienna contest in her post that requires you to like them in order to be eligible.
I definitely did two giveaways with “extra entries” after doing my research, I decided to clean up the way I did giveaways so that there is no mistaking my practices. My newly founded friend at the five fish helped me clean up the rules after she exposed community giveaways and mommy bloggers who rigged contests. I also got some tips from It's not a Lecture You can definitely see the difference in the way the rules were structured, the last one is more clean cut and it gets to the point.
First giveaway
FOR ADDITIONAL ENTRIES
**
tweet this: || BROOKLYN POSH GIVEAWAY tinyurl.com/y35gxr3 || and drop your twitter link on your comment. **
add me! rana seabrook and then || @rana seabrook BROOKLYN POSH GIVEAWAY tinyurl.com/y35gxr3 || (be sure to the name you used on the comment is the name you have on fb! so you I can count your additional entry)
**
BLOGGERS
If you have your own blog, you can post about the giveaway and that gives you another entry!
Easy right?? So you have 4 different opportunities to be entered in the giveaway. Good luck everyone!!
Second Giveaway
For extra entries:
1. tweet this blog.brooklynposh.com/2010/07/13/brooklyn-posh-x-mighty-fine-giveaway.aspx and post the link here (1 extra entry)
2. tell me how old hello kitty is in dog years (3 extra entries)
3. tell me what collaboration Mighty Fine did recently with a fluffy blogger (2 extra entries)
4. re-blog this post on your own blog (5 entries)
The contest will run for exactly one week from Tuesday July 13, 2010 7:00pm until Tuesday July 20, 2010 7:00pm!!
Last Giveaway
OFFICIAL CONTEST RULES
No purchase necessary, one entry per person, no limit per household. Contest opens 07/30/2010 7:00 pm EST and ends 08/29/2010 7:00 pm EST. The winner will be announced* on Friday, September 3, 2010. Open to US and Canada residents only. Email address, first name and last name required. Contest is also open via mail. Send a postcard to Seab Media 1408 Brooklyn Avenue, 5c, Brooklyn NY 11210. Void where prohibited.*Winner will be chose by random.org after being assigned to a number. First entrant = 1 Second entrant = 2, etc. For any further questions/ inquiries please, feel free to contact me roni@brooklynposh.com
Also, if you're feeling sweet, like us on facebook.
Modifying the contents or rules of a giveaway while it is ongoing is illegal because it grants different chances over the duration of the giveaway. You also should have two ways of entering your giveaway. In my last giveaway I gave a via mail option because it's also illegal to exclude people. Having giveaways that require you to sign up for a website community or is mandatory to give an email is illegal. Because of the complicity of running a successfully legal giveaway, many fashion and mommy bloggers have stopped doing them.
Running a contest illegally is like fucking with no condom. Protect yourself!!
disclaimer:: this post was written for educational purposes only, I am not a lawyer or attorney and this is not legal advice.
Would it also be illegal to ask giveaway participants to share your content on sites like FB, Twitter and Stumbleupon without requiring them to follow you there or become fans?
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Hi Eva, from my understanding simply asking someone to do something is not illegal as long as you explicitly state that it will not increase their chances of winning your giveaway/ contest!
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