Mobile App Sweepstakes and Social Media – A Legal Perspective

Print Friendly, PDF & Email

October 19, 2017

app-sweepstakes
Mobile App Sweepstakes Legal Issues.

Mobile App Sweepstakes Are an Effective Tool for Business Owners

Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers.  In conjunction with this trend, there has been a proliferation of mobile apps designed specifically to assist business owners with social media-based sweepstakes offerings.

However, while the combination of mobile apps, sweepstakes and social media venues provides business owners with a virtual marketing dream team, it is important to be aware of the fact that there are numerous legal regulations and social media network rules that apply to each separately, and when these venues/methods are used in tandem. Given the numerous intersecting rules that apply to mobile apps, sweepstakes and social media venues, it is essential that business owners retain attorneys who have experience in each of these areas prior to undertaking a promotional campaign.

What Laws Apply to Mobile App Sweepstakes Involving Social Media Venues? 

While certain mobile app platforms may provide assistance to business owners in connection with mobile app-based sweepstakes, there is no guarantee that such platforms will be able to help business owners navigate the complex network of laws and social media venue rules.  For example, as previously discussed on this blog, certain legal restrictions apply to the use of consumer endorsements and testimonials in connection with a contest’s entry/prize awarding functionality.  Similarly, the use of social media for promotion-targeted “likes,” “mentions,” “follows” and other social media-related actions may run afoul of those legal restrictions.

Bear in mind that social media networks, such as Facebook, Twitter and Pinterest, also impose their own rules with respect to the use of sweepstakes-related “likes,” “mentions” and “follows.”  Last, but not least, it is important to remember that all laws, rules and regulations that apply to sweepstakes and promotions, generally, are also applicable to mobile app-based sweepstakes. For example, if the method for entering the social media-based mobile app sweepstakes is too onerous, such as requiring that an extensive list of social media-based actions be taken, a free and easy alternative means of entry must be offered in order to remain in compliance with applicable sweepstakes laws.

Retain Attorneys Familiar with Mobile Apps, Sweepstakes and Social Media Laws

In summary, there are various laws that apply separately to mobile apps, sweepstakes and social media, as well as unique legal issues that arise when mobile apps, sweepstakes and social media are used in some combination.  Due to the complex interplay of state and federal laws, rules and regulations, and the considerable risks to businesses that do not comply with same, it is essential that business owners obtain the advice and counsel of qualified attorneys when commencing any sweepstakes or contest.

Please note that this is only a brief overview of some of the legal issues involved in running a sweepstakes and other promotional contest on social media venues by and through a mobile app.

If you are interested in learning more about this topic or require assistance in connection with your mobile app and/or social media-related sweepstakes and promotional campaigns, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Similar blog posts:

FTC Considers Hashtags in Social Media Sweepstakes and Contests

The Importance of Sweepstakes Disclaimers

Mobile App Sweepstakes

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

New York Sweepstakes Law blog- Klein Moynihan Turco

New York Sweepstakes Law: Are You Compliant?

Print Friendly, PDF & Email

In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Print Friendly, PDF & Email

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Print Friendly, PDF & Email

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Print Friendly, PDF & Email

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”)

Share on facebook
Share on google
Share on twitter
Share on linkedin