Minors Entering Your Promotion? Compliance is Key.
Happy New Year!
It's the time of year to refresh and plan - and, we know lots of our clients will be coming up with some awesome promotional ideas! If yours will be marketed to minors, you'll want to brush up on the specific requirements that may impact your concept.
You may remember a post we wrote a couple of months ago regarding COPPA and how it will affect the structure of your sweepstakes, contest or game if opening it up to those under 13 years of age. Although COPPA rules when it comes to online promotions, there are a lot of other things to consider when marketing your promotion to minors. Here are a few things we think you should know:
- Health Related Information. Although most sweepstakes and contests are run in accordance with general promotional law, there are always certain states that enforce some pretty specific rules. When it comes to minors, there are certain states that prohibit the collection of health related information (in addition to general personally identifiable information). For reference, "health related information" may be a child's particular food allergy or medical condition. We'll walk you through the demographic information you can collect and the best ways to obtain the information you are looking for in a safe and legal way.
- Contractual Agreements & Intellectual Property. We have a lot of clients who run contests geared towards minors and some of them involve essays or other intellectual property submissions that might get posted online. Remember, that in many states, a person under 18 cannot legally be bound to a contract (such as a release of rights to the intellectual property), so you'll want to get parental consent. Although getting parental consent might seem like another daunting step to add to the submission process, we'll guide you in the best way to structure entry so that you gather what you need, while staying compliant.
- Social Media Participation. You may not know this, but most social networks don't allow kids under the age of 13 to participate in sweepstakes on their sites. We'll review all social network guidelines with you and help resolve any structural issues while writing the official rules.
It's important to consult with the experts before hitting the "launch" button.As always, we're only a phone call away (800-894-5461) - We'll make sure you're promotion is buttoned up and ready to go!