Laurel Papworth

Is the TV show Today Tonight breaking Facebook terms and conditions by running a competition requiring fans to like the Today Tonight Facebook page? 

You can’t run a competition on Facebook, on your wall, by asking fans to like your page. You just can’t. And yet, Today Tonight is running a competition where the first requirement is to “like” Today Tonight on Facebook.

Facebook Page Competition Guidelines T&Cs

I seem to be always telling random strangers on company Pages that they can’t run a competition to “like” them on Facebook or to “tag” a photo. They don’t believe me. I think they just think I’m being a smarty pants or something.  Here’s the proof:

Date of Last Revision: May 11, 2011

These Promotion Guidelines, along with the Statement of Rights and Responsibilities, the Ad Guidelines, the Platform Policies and all other applicable Facebook policies, govern yourcommunication about or administration of any contest, competition, sweepstakes or other similar offering (each, a promotion) using Facebook.

If you use Facebook to communicate about or administer a promotion, you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals). Please note that compliance with these Guidelines does not constitute the lawfulness of a promotion. Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert.

1. Promotions on Facebook must be administered within Apps on Facebook.com, either on a Canvas Page or an app on a Page Tab.
2. Promotions on Facebook must include the following:
   a. A complete release of Facebook by each entrant or participant.
   b. Acknowledgment that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
   c. Disclosure that the participant is providing information to [disclose recipient(s) of information] and not to Facebook.
3. You must not use Facebook features or functionality as a promotion’s registration or entry mechanism. For example, the act of liking a Page or checking in to a Place cannot automatically register or enter a promotion participant. 
4. You must not condition registration or entry upon the user taking any action using any Facebook features or functionality other than liking a Page, checking in to a Place, or connecting to your app. For example, you must not condition registration or entry upon the user liking a Wall post, or commenting or uploading a photo on a Wall.
5. You must not use Facebook features or functionality, such as the Like button, as a voting mechanism for a promotion.
6. You must not notify winners through Facebook, such as through Facebook messages, chat, or posts on profiles (timelines) or Pages.
7. Ads may not imply a Facebook endorsement or partnership of any kind. Ads linking to Facebook branded content (including Pages, groups, events, or Connect sites) may make limited reference to “Facebook” in ad text for the purpose of (1) fulfilling your obligations under Section 2 and (2) clarifying the destination of the ad. All other ads and landing pages may not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Book, and Wall) or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission
8. Definitions:
   a. By “administration” we mean the operation of any element of the promotion, such as collecting entries, conducting a drawing, judging entries, or notifying winners.
   b. By “communication” we mean promoting, advertising or referencing a promotion in any way on Facebook, e.g., in ads, on a Page, or in a Wall post.
   c. By “contest” or “competition” we mean a promotion that includes a prize of monetary value and a winner determined on the basis of skill (i.e., through judging based on specific criteria).
   d. By “sweepstakes” we mean a promotion that includes a prize of monetary value and a winner selected on the basis of chance.

They are the core principles. The rest are on the other guideline pages.

Today Tonight Competition

So my question? Does Today Tonight, Australian prime time TV viewing break Facebook’s rules on their Yahoo! 7 website?

First, “LIKE” Today Tonight on Facebook to enter…. hmmm.

I have often thought that just having all the details on the “hub” (branded site) and then tell the “spokes” (Facebook etc) of the competition was the best way to go but thought it was a bit sneaky. In this case, while the request to “like” Today Tonight is done off the Facebook page, there is no App Tab for the competition, no “complete release” and yes, Facebook clearly defines “administration”. Yet, again, the competition takes place on the TodayTonight website, not Facebook and the requirement to like the Facebook page takes place there, not on Facebook ads. What say you, O Blogosphere? Breaking T&Cs or not?