• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Rechtsanwalt Marian Härtel - ITMediaLaw > Law on the Internet > No advertising on social media platforms with reviews generated via sweepstakes!

No advertising on social media platforms with reviews generated via sweepstakes!

7. November 2022
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
social media 936543 1280 1
Key Facts
  • Advertising with ratings in exchange for participation in a competition is unfair.
  • The Frankfurt am Main Higher Regional Court prohibited the advertising of the defendant whirlpool seller.
  • The defendant advertised a competition on Facebook in order to generate reviews.
  • The court ruled that the reviews were not independent and were misleading.
  • Third-party statements are valued more highly in advertising than your own.
  • The defendant's appeal against the judgment is not yet final.
  • The number of ratings generated by the competition is decisive for the verdict.

“Advertising with ratings on social media platforms that are given in return for participation in a sweepstakes is unfair. It can be assumed that a sweepstake offer will generate a significant number of reviews. The Higher Regional Court of Frankfurt am Main (OLG) therefore prohibited the advertising of the defendant whirlpool seller in a judgment published today,” ruled the Higher Regional Court of Frankfurt am Main!

Both parties in the lawsuit commercially sell hot tubs. The defendant offered a prize draw for a luxury whirlpool via Facebook. The text said

“How can you win? It’s simple: like, comment on and share this post; like or rate our page. Each action earns you a ticket and increases your chance of winning”.

The plaintiff, on the other hand, considers it anti-competitive for the defendant to advertise with ratings that were submitted in this way in return for participation in a competition. The Regional Court also saw it that way and ordered the defendant to refrain from advertising with ratings if these ratings were influenced by enabling participation in the sweepstakes in return for submitting a rating.

As in the previous summary proceedings(see this post), the appeal against this decision was unsuccessful before the Higher Regional Court. The OLG ruled that advertising with the ratings in question here was misleading and thus unfair. In principle, statements by third parties in advertising have an objective effect and are therefore generally valued more highly than the advertiser’s own statements. Therefore, advertising with paid recommendations is inadmissible. A customer who makes a recommendation must be free and independent in his judgment.

Here, the defendant advertises with its Facebook ratings and the good average score achieved there. However, some of the assessments had not been made freely and independently. Rather, it is to be assumed that a not inconsiderable proportion of the ratings were only submitted because the rating was “rewarded” by participation in the competition. “It is obvious that the evaluation on the occasion of the lottery is rather positive. This does not constitute a “paid” recommendation in the literal sense of the word. Nevertheless, the evaluations are not to be regarded as objective,” the OLG states.

In this context, it was also not important for the plaintiff to provide concrete evidence of which evaluations were prompted by the lottery. “It is namely obvious without further ado that a considerable number of evaluations was generated by the sweepstake offer,” reasons the OLG.

The judgment is not final. The defendant may seek permission to appeal to the Federal Court of Justice by filing a complaint against non-admission.

By the way, you can find a few more tips about sweepstakes in this article.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Appeal against non-admissionBghFacebookFrankfurtFrankfurt am Main Higher Regional Court

Weitere spannende Blogposts

Irish data protection authority fines Meta billions: A turning point for data protection in Europe?

District Court Frankfurt a.M. on the right to be forgotten
22. May 2023

Meta Ireland violates the GDPR: What the ruling of the Data Protection Commission means The recently concluded investigation by the...

Read moreDetails

Gaming in China – Session on the Protection of Minors and the Limitation of Games in the Middle Kingdom

Gaming in China – Session on the Protection of Minors and the Limitation of Games in the Middle Kingdom
7. November 2022

Children and young people in particular are drawn to screens, with never-ending online games that involve meeting friends virtually often...

Read moreDetails

Make participation in the competition dependent on advertising?

Make participation in the competition dependent on advertising?
27. August 2019

The Higher Regional Court of Frankfurt am Main recently ruled that in a case where participation in a competition is...

Read moreDetails

BGH: Willingness to arbitrate does not trigger duty to notify

No more free tissues at the pharmacy?
7. November 2022

The question of how and in what way the EU's dispute resolution platform must be referred to is actually a...

Read moreDetails

Claim for damages for online city map copyright infringement

ECJ: Advocate General assesses sampling as copyright infringement
23. April 2019

In fact, I could have swear that the subject of warnings and injunctions for the illegal use of city maps...

Read moreDetails

HOT/Important: Google Ads tax liability trap

HOT/Important: Google Ads tax liability trap
7. November 2022

Nowadays, extremely many use Google Ads to promote their own services, web stores and the like. Be it in the...

Read moreDetails

Fortnite Fan article: Attention warning danger!

Online retailer: Notice of warranty of defects
30. November 2018

Currently, I can only warn against offering unauthorized fan items from Fortnite, the manufacturer Epic Games, such as the replica...

Read moreDetails

2x Gamesrecht at the Federal Court of Justice, supervised by RA Marian Härtel

Small summary – Blizzard vs. Bossland
23. February 2023

So nine years I am now admitted to the bar and next week, 6/10/2016 to be exact, I will be...

Read moreDetails

BGH decides on Facebook’s app center and data protection in games

GDPR: Download pairing with newsletter/registration?
30. October 2019

The Federal Court of Justice has to decide whether, in the way a game is offered there, in the way...

Read moreDetails
Business tax

Business tax

16. October 2024

Definition and legal basis: Trade tax is a real tax levied by municipalities on the objective earning power of a...

Read moreDetails
Bundestag

Bundestag

30. June 2023
New OLG rulings on product descriptions in online trade

Triple damage calculation

26. June 2023
File sharing warning: How to react correctly

Appeal against denial of leave to appeal

25. June 2023
f657d6ac02697870998c3da264f7f23e

Inheritance Tax and Gift Tax Act (ErbStG)

9. November 2024

Podcast Folgen

legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025

In this captivating podcast episode, I take a deep dive into the world of blockchain technology and smart contracts. The...

052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024

In this exciting episode of our podcast, we take a deep dive into the world of innovative business models. Our...

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

This insightful podcast episode takes an in-depth look at the startup and innovation landscape in Germany and Europe. The discussion...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung