• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.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

What should be considered when running sweepstakes on social media?

7. November 2022
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
was ist bei gewinnspielen auf social media zu beachten 1
Key Facts
  • Competitions are important for customer loyalty and social media growth.
  • Transparent design is crucial to avoid deceiving users.
  • The selection of winners must be fair and comprehensible.
  • It must be clear who is allowed to take part in the competition.
  • Purchase links may not lead to an increase in the chance of winning, but participation may be linked to this.
  • Data protection and GDPR requirements must be observed.
  • Violations may result in warnings and civil claims.

Sweepstakes on social media are a great way to build customer loyalty or even to grow your own social media channels. However, the legal requirements should be observed.

Above all, sweepstakes must be designed and executed transparently. In principle, there must be no deception of users.

From a legal point of view, the lottery must be measured against § 657 BGB:

Anyone who offers a reward by public announcement for the performance of an act, in particular for bringing about a success, is obliged to pay the reward to the person who performed the act, even if this person did not act with regard to the offer.

In addition, competitions must not be misleading, as otherwise there is a risk of warnings under the Unfair Competition Act (UWG)

Important points include:

  • Only an action that is empirically verifiable may be required.
  • The selection of winners must be fair and comprehensible. Ideally, these should be checked by a third person and the result should also be archived. Information must be provided in advance about the method of drawing lots.
  • The duration of the competition must be clear at all times.
  • It must be clear who is allowed to participate in the competition and who is excluded from participation.
  • It is not permissible for a user to increase his chances of winning if he buys a product or perceives a service in return. However, it is permissible to make participation in a sweepstake completely dependent on the purchase of goods.
  • When coupling e.g. with the registration with a newsletter, the concrete design is relevant (see this post) and dei specifications are to be observed, which the ECJ has made, for example, in connection with voluntariness (see the setting of cookies, etc.).

Of course, all rules can also be included in extra conditions of participation. However, these must be accessible via the same medium as the competition. So you can’t host a contest on Twitter or Twitch and hide the terms and conditions somewhere on your own website.

Of course, conditions, prizes or the like may not change later, after some people have participated, to the detriment of those people.

If, by the way, you want to take fees for participation, they should not exceed 50 cents according to current case law, and young people/children under the age of 14 should not be allowed to participate in paid lotteries at all. .

Especially when we talk about sweepstakes on Twitch or YouTube, it is important to note that all other aspects of the protection of minors must of course be observed as well. Thus, these are not likely to be developmentally disruptive and the gains are commensurate. As an example, computer games that are not rated for minors may not be part of the sweepstakes if young people can participate (not just not allowed!) and of course you may not offer products that are not rated for minors as prizes.

Considering the current discussion about influencers and surreptitious advertising, it should be noted that a note is necessary if the prizes come from sponsors and what the intention of a competition is. For example, a notice or clarification is mandatory if a sweepstakes or contest is conducted as part of an advertising campaign for which the streamer/influencer is paid.

Data protection must also be taken into account. Users must therefore be informed about the way in which data is stored, only the necessary data may be collected, and the data must be stored securely. Of course, other GDPR requirements such as information to users or deletion by users must also be observed. If data of persons under the age of 16 is stored, the consent of the parent or guardian is generally required.

Violations may result in warnings from competitors, but also in reactions from the media authority, for example. Failure to send winnings or pay winnings will expose you to civil claims.

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: Case lawCivil lawComputerComputer gameDevelopmentGamesInfluencerKIMinorsPrivacyserviceSponsorTwitchTwitterWarningYouTube

Weitere spannende Blogposts

GDPR compliance for the self-employed

GDPR compliance for the self-employed
10. October 2024

Since it came into force in May 2018, the General Data Protection Regulation (GDPR) has placed considerable demands on companies...

Read moreDetails

The creation of an operating/marketing company between influencers, artists and their management

The creation of an operating/marketing company between influencers, artists and their management
18. August 2023

Introduction: The challenges of the traditional management contract In today's world, where influencers and artists are becoming more and more...

Read moreDetails

EU adopts Data Act: What do you need to know?

EU adopts Data Act: What do you need to know?
7. December 2023

The European Union has taken a significant step towards a progressive data economy by adopting the Data Act. This act...

Read moreDetails

Artificial intelligence in esports: legal challenges and solutions for fan engagement, game improvement and sponsorship.

Artificial intelligence in esports: legal challenges and solutions for fan engagement, game improvement and sponsorship.
9. June 2023

Introduction The rapid development of artificial intelligence (AI) is having a profound impact on various industries, and esports is no...

Read moreDetails

Hagen Regional Court on Instagram and influencers

Legal form as an influencer? A few hints!
7. November 2022

So slowly, the issue of influencers and surreptitious advertising is accumulating a considerable amount of court decisions. An overview of...

Read moreDetails

Twitch streamers and changes to the Interstate Broadcasting Treaty

judge plays videogames in his spare time
7. November 2022

Due to some inquiries from today about "yellow letters" for streamers on Twitch, I would like to refer to my...

Read moreDetails

IGD waives claims arising from data protection

abmahnung
7. November 2022

Actually, the topic IGD Interessengemeinschaft Datenschutz e.V. has already been dealt with sufficiently. I have reported on this here and...

Read moreDetails

LG Munich to delete a Twitter post

Berlin District Court bans baseless Twitter ban
5. July 2019

So slowly is the amount of judgments around deleted posts and closed accounts on social networks, and it is surprising...

Read moreDetails

How can Esports contracts ensure your organization’s success?

How can Esports contracts ensure your organization’s success?
8. December 2022

As a manager or person in charge of organizing a sport or an Esports team, you have to consider many...

Read moreDetails
Capital gains tax

Capital gains tax

16. October 2024

Definition and legal basis: Capital gains tax is a special form of income tax or corporation tax levied on investment...

Read moreDetails
Convertible loan / Convertible note

Convertible loan / Convertible note

16. October 2024
687bb676d2ed8fd9b78bd26509d72140

Media State Treaty

26. June 2023

Full Ratchet

16. October 2024
Bootcamps und Talentförderung im Esport?
Spielerverkauf möglich?

Esport law

25. June 2023

Podcast Folgen

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024

In this captivating episode, lawyer Marian Härtel takes listeners on an exciting journey through the dynamic world of influencers and...

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

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...

  • 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