1. Mini Law Lesson:
Law of Brands on Facebook
Brian Heidelberger
bheidelb@winston.com

2. IMPORTANT DISCLAIMER
• I am not your attorney.
• This is not legal advice.
• But … My mom asked me to apologize
2

4. Various Facebook Policies
• Data Use Policies
 https://www.facebook.com/about/privacy/
• Statement of Rights and Responsibilities
 https://www.facebook.com/legal/terms
• “Pages” Terms (includes ‘promotions’
terms)
 http://www.facebook.com/page_guidelines.php
• Advertising Terms
 https://www.facebook.com/ad_guidelines.php
4

5. 5

6. Terms Governing Brand Page
• Brand may:
 post or link to a policy about what content
it will remove; and
 what user actions may cause Brand to ban a
user.
• Brand may not:
 threaten legal action; or
 claim rights to user content posted to your
Page.
6

7. Cover Photo on Brand Page
• Brand Can’t Include:
 price or purchase information
 contact information;
 references to Facebook features or
actions; or
 calls to action
7

8. Conducting Promotions
• Applies to “contests” or “sweepstakes”
• Promotion must be ‘administered’ in a platform application
 collecting entries, conducting a drawing, judging entries, or
notifying winners
• App's should not include any features found on the main
page, such as the “Like” button
• Game Rules Must Include:
 A release of Facebook
 Disclaimer of Affiliation
 Notice that Entrant is Providing PI to Brand [and not
Facebook]
• Must Notify winners via their email (not DM)
• Must have your own privacy policy
8

9. Do’s and Don'ts of Conducting
Promotions
• Brand may not use any native Facebook
functionality as a method of entry
 Prohibited: "like our page to enter“
 Permitted: “like our page and then enter”
 Prohibited: "post a photo on our page to
enter”
 Permitted: “post a photo on our app to enter”
 Prohibited: “we’ll randomly select a Facebook
fan of the day to win a prize?”
 Permitted: “we’ll randomly select a Facebook
fan of the day (“no prize”)
9

10. Collecting Personal
Information (“PI”)
• Brand must:
 Give Notice that entrant is providing PI to
Brand [and not Facebook]
• Have its own privacy policy
 URL of policy on its canvas or website and in
the Developer App privacy field
• Must gain consent of user before collecting
• Must only collect PI on app, not main Page
10

11. Collecting PI on Facebook
(cont.)
• Brand may not:
 Use concepts that undermine Facebook
• encourage users to remove friends or
connections; take over a user’s profile, even if
user consents; encourage users to tag anything
other than real people; notify users of friend
removal;
 Don’t automatically post user PI upon
submission
• obtain consent using check box explaining
content will be shared
11

12. Making Offers
• Brand must:
 Comply with law
 Disclose restrictions
 communicate with any participating
merchant over offer made by Brand relating
to such merchant
 not use Facebook’s offer creator to offer
the equivalent of a gift card, gift certificate
or stored value card
12

13. Referral Based Rewards
• Brand may not:
 directly tie incentives to the use of its Social
Channels
• e.g. rewarding for posting a stream story or
sending a request
• Brand may: indirectly tie to the potential
in-app reward.
13

14. Permitted Indirect Tie
Incentive
• Incentive based on the number of
friends that accept invite
 No reward for sending, only potential to
earn rewards if the user has friends who
accept invite
14

15. Places and “Like” Incentives
• Places – Check In
 Brands may incentivize users to check-in to places
 Brands may not use check-in to register users for a
promotion.
• Like Button - Rewarding Fans
 Brands may give incentives for “liking” provided
the incentive is open to all new and existing users
who Like your Page.
• Permitted Incentives
 Coupons/Rebates, Exclusive Content, Eligibility to
Enter a Promotion, Donating to a Charity Based on
Number of Page Likes
15

16. Sponsored Stories
• User "likes" a company, checks-in at
one of its stores, or performs
certain other actions member's
picture/name appears as ad.
• Facebook agreed to settle.
• Facebook still trying to sell service
to Advertisers
• No lawsuits against advertisers to
date.
• Facebook has changed practices
with regard to sponsored stories.
 Increased visibility
 Allow control how appear
 Allow minors to opt out completely
16

17. Referencing Facebook in
Advertising
• Brands may:
 Make truthful references about presence on Facebook
 Say 'like our Page' or 'become a fan by clicking Like on our
Page‘
• Not ‘friend’
 “Facebook” should be in the same font size and style as the
other content
 “Facebook” should be capitalized
• Brands may not:
 Imply endorsement by Facebook
 Link to pages other than the Facebook.com login page or
brand page, i.e., facebook.com/Brand
 “Do not use Facebook as a verb
• “Facebooking”
17

18. Use of Facebook Logos and
Marks In Advertising
• Brands may not:
 Use logos in broadcast advertising without
permission
 Combine Facebook logos with other IP
 Use Facebook logo
 Use Facebook “Like” button in online advertising
• Brand may use in offline communications.
 Modify “f” Logo
18

19. Use of Screenshots in
Advertising
• Brands may not:
 Use screenshots without written
permission from Facebook and
user
 Modify screenshots
 Use screenshots of user without
consent
19