Tuesday, February 28, 2012

Touchy Touchy- what separates a giveaway from a contest?

I have a little problem.
The sponsors of LoE do not seem to understand that I do not want to break the law in order to have them featured here.
The FTC governs all of us, and whether or not they do it often, you don't want to be made an example out of.
For instance, if a sponsor requests that I have an entrant go to their site and tell me something, I have just moved it from a giveaway, which is actually called a sweepstakes to a contest. Because you ask a question they have to answer, that means you are requiring them to have a skill. *sighs* IKR!
  This used to not be a problem (the "tasks") before, and I (unknowingly) would do it in the past. That is- until I became aware Blogger can take down my blog, and I could be legally prosecuted for doing so. Here's why:
You see...
if you assign a blog entrant to "do" something, then it moves it from a giveaway/sweepstakes into the category "contest" which is governed by different rules.

In addition, I had to take away Canadian winners, because they HAVE to answer a skill question. 
ALSO.. moving on...
You cannot have a mandatory entry. Entrants must be able to enter easily. Your Facebook mandatory option would be discriminatory against people who do NOT have a Facebook, and they wouldn't have a way to enter. When I found all the info out, I immediately changed my blog, and took away "mandatory" entries. They are all optional now, in addition, they must have rules where they can be easily found, so my site now has that as well.
I'm just trying to cover my own ass (pardon my french)
Here's another article:  http://www.socialmediaexplorer.com/digital-marketing/sweepstakes-contests-bloggers/ 
In addition, the FTC is very touchy about Facebook in giveaways.

My freaking head is spinning and all I know is some sponsors, are going to have to deal with it.
*Sorry* take it up with the FTC.
The legalities
Now please... if I misconstrued any of this information, feel free to correct me, for I am no lawyer.
But in any case. *Ahem*!
I am super curious to what you guys have to say about this, entrants & bloggers alike!
Let's talk, I'd appreciate some insight!!!!


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Wait! If you are entering my giveaway, please make sure you are following my blog through Google Friend Connect. It is NOT mandatory -However, karma begs that you do! Here's why; the more followers this blog has, the more great things I can continue to bring you. Remember in order to win on Locomotion of Expressions, all you have to do is place one comment stating that you want to win.