Facebook’s New Promotions Guidelines: More Options for Marketers But Increased Legal Onus

On May 11, 2011, Facebook released yet another version of its Promotions Guidelines. It appears that Facebook has accepted that it is not the proper arbiter of legal principles. Instead, such decisions are more appropriately made in the hands of the courts or governing authorities.

The new guides reassert that Facebook’s features and functionality cannot serve as registration or entry mechanisms. Instead, the marketer must still employ a third party application to facilitate entry. Facebook has clarified that the marketer can require ”liking a Page, checking into a Place, or connecting to [an] App”, but “must not condition registration or entry upon the user liking a Wall post, or commenting or uploading a photo on a Wall.” In addition, the new guidelines explain that the Like button cannot function as a voting mechanism for a promotion. In these instances, Facebook still seeks to insulate itself from any potential liability for a promotion that has legal issues.

In other ways, Facebook loosened up restrictions dramatically. Promotions are no longer required to disenfranchise users under 18 or Facebook users in Belgium, Norway, Sweden, and India. In addition, it removed its ban on promotions involving tobacco, dairy, gambling, firearms, prescription drugs, and gasoline. (Bear in mind that Facebook’s Ad Guidelines still prohibit advertising for gambling, tobacco, or firearms.)

Most interestingly, the new Guidelines have done away with the old stipulation that if the promotion requires a purchase, it cannot be promoted on Facebook. The fact is that the laws in the United States still prohibit sweepstakes that require a purchase or substantial effort and do not offer an alternate method of entry.

The revised Facebook Promotions Guidelines do not mean you can promote otherwise illegal prize promotions on Facebook. Facebook even reminds marketers of this by stating: “Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert.”

It is more important than ever to have qualified legal counsel review prize promotions to ensure they do not violate laws since Facebook is no longer going to filter obviously illegal promotions from its pages.