Could a user liking your Wall post result in the removal of your Page by Facebook?
As a regular user of Facebook, I am seeing an increasing number of competitions and promotions run by various companies that are potentially breaching the applicable Facebook terms and conditions. This is probably because those companies don’t even know that there are specific terms that govern such promotions!
In fact, running a Facebook promotion requires companies to comply with even more regulations than a print media or radio campaign. For instance, in addition to ensuring that all advertising and promotions comply with the applicable laws, and are in no way misleading and deceptive, the use of the Facebook platform by a company for promotions and advertising is also subject to the Facebook Page Terms and Facebook Advertising Guidelines (“Facebook Terms”).
So what is the 'fine print' regarding Facebook promotions?
Some of the provisions include:
1. A company must administer a promotion within Apps on Facebook.com, either on a Canvas Page or a Page App;
2. All promotions on Facebook must include the following:
a. a complete release of Facebook by each entrant or participant;
b. acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook;
c. Disclosure that the participant is providing information to the company and not to Facebook;
3. A company must not use Facebook features or functionality as a promotion’s registration or entry mechanism. For example, the act of liking a page or checking in to a Place cannot automatically register or enter a promotion participant;
4. A company must not use Facebook features or functionality, such as the Like button, as a voting mechanism for a promotion;
5. A company must not notify winners through Facebook, such as through Facebook messages, chat or posts on profiles (timelines) or Pages.
All of the Facebook Terms are located within the Facebook platform. Most importantly, if you are found to be in breach of those Terms, Facebook may remove or reject your Page without notice to the company. This could have serious reputational repercussions to your brand and reputation if users have already entered into a promotion!
The moral of this story is to check the guidelines before setting anything up on Facebook. Having access to such a diverse audience through Facebook, and all of the benefits that brings, is wonderful.... just don't let a lack of research or awareness ruin your chances of using the platform to your advantage.
For more information contact our experienced lawyers (02)9895 9200.