Age Matters When Planning a Promotion

Posted by Jennifer Hibbs on February 3, 2015 in Articles, Compliance, Consultation, Legal, Promotion Planning, Security | 14 Comments

14 Responses to Age Matters When Planning a Promotion

  1. OoOo says:

    How can you actual confirm age, even if its 18 or older in your disclosed ruled ? If you’re giving away giftcards, do you just put the rules out and hope they follow the ruled. I’m thinking about giving out game gift cards to an online store = steam store .

    • Jennifer Hibbs says:

      Best practice is to age-gate the registration process of your online promotion by following COPPA, FTC and CARU guidelines as outlined above.

  2. AAA says:

    If a contest is open to children under 18 but the prize is awarded to the school, do the same age entry considerations apply? For example, a 15-year-old child enters and wins, and the prize is awarded to his/her high school. Also, is there a difference between an entry that requires a form be filled out vs. a simple retweet or like?

    • Jennifer Hibbs says:

      Age and entry considerations depend on what part of the world you are in, as well as the type of promotion being run, and the platform (web site entry form, printed entry form, social entry, etc.). Since there are so many factors, we can’t comment unless we see the full rules for the promotion in question.

  3. Jeff says:

    If you had a social media/community type site or app that awarded gift cards to the highest ranking post(s) of the day (or something similar), would the awards be age restricted to 18 and up?

    • Jennifer Hibbs says:

      It depends on the country you are running the promotion in and the laws there. Contact us with your particular situation and we can help you with a solution.

    • Abel says:

      I’m running a mini scholarship for students 25 & under. They have to put a video on there social media app with a # and submit an essay why they deserve the scholarship. Is this okay?

      • Jennifer Hibbs says:

        You should consult a promotional marketing expert and an attorney as laws surrounding these types of promotions, especially where privacy and the age of minors is concerned, can vary.

  4. Fred feliz says:

    If I’m an online school and want to send out a survey about why students didn’t pay for their course. Can I give out an iPad to minors from 15-18. Would I still follow COPPA , FTC , Caru guidelines. Would this be considered a sweepstakes as well?

    • Jennifer Hibbs says:

      Yes, this would be a sweepstakes. Yes, the laws apply. Consult a promotional marketing specialist to help you draft official rules and ensure the laws are followed.

  5. Vedika says:

    Would there by any legal issues with giving away a hydroflask on Instagram for American students aged 15-18, given the age guidelines are clearly stated?

  6. Leah says:

    I’m looking to run a free giveaway on my Instagram/Facebook accounts where I cover all shipping also. I want this giveaway to be worldwide and I don’t want to restrict under 18s if I don’t have to. The products included in the giveaways are not age restricted products, they are makeup/beauty items. I have in my provisional T&Cs that if an under 18 wins the giveaway, then parental consent and direct contact with a parent/guardian would be necessary in order for exchange of the shipping address. Do you think this would be allowed? Thank you in advance for your help!

    • Jennifer Hibbs says:

      The giveaway you describe is problematic because it would be in violation of some countries laws (in some countries sweepstakes and giveaways are illegal or require registration) and some countries prohibit entry of anyone under 18 without explicit parental permission. Consult an promotional marketing attorney or agency first if you plan to run an international giveaway, especially if you plan to include anyone under 18.

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