Could you please show me an example of legal bases on a Facebook contest? This one of the most typical questions from those who are starting organizing Facebook contests and promotions.
This is an important point, so this article will try to show you what do legal bases have to include and will provide a template to fill and adapt your contest.
When drafting legal bases for a Facebook contest, we must consider some common points to every kind of contest (data protection legislation, how winners will be selected…) but also the specific points regulated by Facebook legislation about contests and promotions.
Legal bases on Facebook contests
These are the main points we have to consider when drafting the legal bases on Facebook contests:
- Organizer identifying data
- Dissociation from Facebook
- Promotion object: what promotion consists of
- Participation instructions
- Duration of the promotion
- Requirements for participating
- Winner selection
- Prize description
- Personal data protection
- Penalties in case of fraud
- Cession of the rights of image of winners and participants
- Right to extend, cancel or modify the contest
- Right to disqualify users or participants that do not comply legal bases
Legal bases on Facebook contests template
The following is an indicative template, that can be modified to adapt every particularity of each contest.
1.- Organizer company
The enterprise ___ based in ___ with the following Tax ID Number ___, organizes a CONTEST titled ___.
2.- Dissociation from Facebook
Facebook does not sponsor, endorse or manage this promotion, and is not associated to it. The user dissociates from Facebook and is conscious that is providing information to the enterprise ___ and not to Facebook. The provided information will be used for ___ (manage participation/get in touch in case of winning/commercial communications/…)
3.- Contest object and format
Describe what the promotion consists of, how to participate and win, if it is possible to participate more tan once, which is the prize,…
Inadequate participations will be deleted.
(OPTIONAL. Participations cannot have been prized in any other contest or published previously in any other professional support, including electronichs, with the exception of personal use of social networks.)
Participating in the contest involves the cession and authorization of every intellectual and image rights of the participations, so the participant give the enterprise ___ the exploitation rights that may derive from participations sent.
4.- Duration and scope
The action will be develop in … (geographical scope)
The contest will start on … (date)
5.-Requirements for participating
Participants who will be able to participate must satisfy these conditions:
– all natural people over 18 years old based ___ that have a real user Facebook profile.
They will not be able to participate:
Emloyees, fraudulent profiles…
6.- Winner or winners selection, communication and presentation of the award
Among the 10 most voted participations, a jury…
The jury will be composed of…
Among the participations that receive at least 10 votes…
specify other way
If it is not possible to get in touch with the winner in a within ___ days, or in case he/she rejects the prize, a new winner will be chosen, and the previous one will lose the right of reclaim the prize.
The name of the winner will be communicated on the following fanpage: ___ and by email, once finished the promotion and within the next ___ hours.
The Enterprise ___ will send directly the prizes to the winners using the data registered by them on the Facebook application.
Description of the prizes.
8.- Reservations and restrictions
It will be considered as fraud the detection of supposed use of applications independent from the website; the abuse in consultations to the server and all those behaviours that may result apparently abusive or malicious.
The verification of any of this circumstances during the contest will involve the authomatic disqualification and so the forfeiture of the prize.
The Enterprise ___ is is exempted of any responsibility in case there is any mistake in the given data by the winners that prevents the identification, or in case of any possible loss, damage, theft or any other circumstance that may concern the prize delivery.
The Enterprise ___ reserves the right to take action against those people whose acts could be considered manipulation or counterfeit of the contest.
The Enterprise ___ evades any responsability for damages of every nature that may be due to the absence of availability of the services of participation, for the defraud in the use of these services and, notably, for the failure in the access from the different fanpages and responses sent through the internet.
The Enterprise ___ reserves the right to effect changes on the contest when force majeure causes happen and avoid carrying it out in the way these legal bases say.
The Enterprise ___ reserves the right to postpone or extend the deadline, and so the power to interpret these legal bases.
The organizar Enterprise will stay exempted of every responsability if any of these pointed facts would happen, and so any responsibility for damages that may occasionate during the enjoyment of the prize.
Provided data by participants will be treated confidentially and stored on a authomatized file of personal data, and the Enterprise ___ will be the owner and responsible of this file, based on ___ whose purpose will be ___ (manage participation/get in touch in case of winning/commercial communications/…)
The Enterprise ___ guarantees the full compliance of the following law (__ Spain: Organic Law 15/1999, 13th December about Personal Data Protection) about the treatment of the personal data collected from this contest.
10.- Accepting legal bases
The only participation in the contest involves the accepting of these legal bases, so if they are not totally or partially accepted, the participant will be excluded from the contest and, so, the enterprise ___ will be discharged of any obligation contracted with this participant.