Westfield Gift Card $10,000 Facebook Comp

Wednesday, 25th November 2009
Aus Digital Industry Digital Strategy Internet

I’m not one to snitch, but can anyone explain how promotions like Westfield’s (already wildly popular) $10,000 Gift Card giveaway are allowed under the current Facebook Promotions T&Cs?

I’ve been researching Facebook’s Promotion terms and compliance for a number of clients lately and always run into the same question – if it’s not technically allowed and everybody does it anyway, is it still a good strategy?

The key ingredient in most Facebook promotions is the “Incentivised peer promulgation” – ie. Tell-a-friend. I discovered the Westfield promotion through (many) friends’ status updates. In fact, status updates are part of the entry mechanic:

When the Westfield Facebook application has been uploaded, individuals must then update their Facebook status to read as “All I Want for Christmas is a Westfield Gift Card” using the application functionality.

westfield-promotion-091125

BUT: Based on my reading of the Facebook Terms & Conditions of promotions, requiring ANY action on Facebook (becoming a fan, status updates, wall posts) as a condition of entry is a no-go? Or am I confused (as others seem to be)?

4.2 In the rules of the promotion, or otherwise, you will not condition entry to the promotion upon taking any action on Facebook, for example, updating a status, posting on a profile or Page, or uploading a photo.

I’m not saying Westfield is in the wrong – more power to them for promoting a very successful campaign and raising awareness of their Gift Cards as a Christmas gift option – but perhaps it’s time for Facebook to step in and clarify their guidelines to agencies, so that compliance-focused maraketers can rest easy that their promotion won’t be yanked a la section 6.4:

6.4 We may remove any materials related to a promotion at any time, regardless of whether the promotion was approved, where we determine the continued marketing or administration of such promotion may be unlawful under applicable laws, rules, regulations or guidelines or may cause unreasonable liability for us.

If only so that I get my chance to win $10,000 to spend on puppies at Pets World.

[UPDATE] Just wanted to clarify my post above: At 369,000 + users, I don’t think anyone can argue this has not been a successful promotion. For a $10,000 wholesale cost, plus ~$2k – ~5k to build the app, I’d say this stands up as an excellent example of how you can engage 1/3 of a MILLION people in less than 5 days through Facebook.

My issue isn’t with Westfield’s (or the app’s users) SPAM ACT 2003/4 compliance, as my reading of it certainly includes this kind of activity within compliant action.

My question, rather, is around the murkiness of Facebook’s promo T&Cs. Is this app promotion legit, and if yes, how exactly so? This would be a good test case for all digital marketers to know the right way (or maybe, the wrong way) to go about marketing via Facebook within regulation.

  • Just came across the post from your sidebar links and everytime I read about it, I get fired up. It was pulled 3 days into the competition as it violated the promo T&Cs but the biggest problem I have with it is that apparently they are shopping it around to award programs. If another client were to replicate this campaign, they could lose any existing Facebook page and their own personal account. Despite this, at ad:tech it was made quite clear they'd do it again in a heartbeat. Don't think we'll be risking the existing fanbases of our clients to "engage" 369k+ users and piss off so many more
  • I think you may have misrepresented the entry terms for the competition. I entered the application and was not required to change the status message myself. The application updated my status message. This I think is the loophole that allows this form of viral competition. In fact I have discovered there are some facebook members who are manually changing their status assuming this will give them an entry into the competition. This is not the case.
  • me
    everyone is now updating their status on facebook saying it is a hacker or virus or something how true is this?
  • Lauren
    Where do I apply for it???
  • nic
    everyone now is saying its all a hoax is this true?
  • nic
    everyone now is saying its all a hoax is this true?
  • LeR0y
    But you don't actually send the comp on
    You're only posting it to your own status
    It's up to your friends to actually click on
    "Enter the competition now"
    IS this how they're getting away with it?
  • Andrea
    Er, do we know that this isn't actually just rubbish? Do a Google search and nothing with an ounce of credibility comes up. I'm not marketing expert but it seems odd that there's no trace of any other reference to this 'campaign' other than on this blog and Facebook pages. If I were to start a viral marketing campaign then the word should be spread elsewhere than Facebook and somewhere that implies authenticity. I could be wrong?
  • dougyboi
    http://westfieldgiftcards.com....

    To enter, individuals must then, during the Promotional Period, input their email address as requested on the landing page, agree to the Terms and Conditions, opt-in to receive future communication from the Promoter and agree to accept the Westfield Facebook application on the Facebook Platform. To accept the Westfield Facebook application, individuals must click on the link provided on the landing page and agree to upload the application. When the Westfield Facebook application has been uploaded, individuals must then update their Facebook status to read as “All I Want for Christmas is a Westfield Gift Card” using the application functionality. Once an individual’s Facebook status has been updated correctly, the Westfield Facebook application will be deemed successfully completed and individuals are then permitted to update their Facebook status at any time. No other means of status updates will be accepted.
  • It's just plain lazy, regardless of it breaching the Facebook rules.
  • David
    Of course Westfield is in the wrong. Facebook just isn't enforcing their Terms.
  • Yes agree, stupid campaign, hate these 'you must send to your friend to participate campaigns' fundamentally stupid.

    Sorry to go off topic but I saw a Woolworths gift card last night and thought WTF!? Can you give someone a LESS personal gift?

    "Hey Granda, I know you like food & stuff, here's what you've always wanted, a woolies gift card... I love you"
  • Wotif had a promotion which required you to upload a photo to enter their competition, the Wotif Small Snaps competition. According to the Facebook T&Cs you cited, this is also not allowed.

    Don't all Facebook competitions work like this? It seems that clause 4.2 is not really enforced, or perhaps is there to cover some other kind of unwanted action.
  • I agree, most Facebook promotions do run like this, and it's not evidently been enforced (yet?). The newly edited Promotions T&Cs were only publicised early November.

    In fact the last big cancellation of a Facebook promo that I can remember is Burger King's "Ditch Your Friends For A Whopper", which apparently did violate T&Cs.
  • sonofamac
    All i want for christmas is a westfield gift card.
  • setait
    It's worse than just breaking FB T&C's - I would also state that the campaign is breaking Australia's anti-spam legislation which makes Westfield, Facebook & every user that enters and then updates their status liable to $1.1 million a day fines.

    "Under the Spam Act, it is illegal for unsolicited commercial electronic messages that have an Australian link to be sent, or cause to be sent. A message has an Australian link if it originates or was commissioned in Australia, or originates overseas but has been sent to an address accessed in Australia. The legislation sets out penalties of up to $1.1 million a day for repeat corporate offenders."
    http://www.acma.gov.au/WEB/STA...

    So Westfield is liable as the originator of the unsolicited commercial messages, but due to the additional clauses where any entity that "causes to be sent", then both Facebook and every entrant that updates their status as requested by Westfield's T&C's is also potentially liable.

    Will be interesting to see both ACMA & Westfield's reaction in the next 24 hours.
  • I think the key message there is "unsolicited". I can't see how Westfield send any unsolicited messages, it's the fact they demand consent to enter their promotion that makes them compliant with Spam Act but non-compliant with Facebook T&Cs.

    Additionally, I've always looked at "friend-get-friend" mechanics as "Inferred Consent", due to the pre-existing "other relationship" that must exist for two people to be Facebook friends. "Inferred consent" and "other relationship" is covered here:
    http://www.acma.gov.au/WEB/STANDARD/pc=PC_310572
  • setait
    Totally understand your views.

    I'm not so sure if inferred consent works in this case though - however the law is a grey area when it comes to social networking as these are recent occurrences compared to the legislation which was drafted in 2003/2004 - maybe it's time to update & review??

    However I still think there is a case due to the fact that as a requirement of entry user's have to spread the actual message to their contacts - which I think still comes under the "cause to be sent" issue.

    Therefore as a condition of entry Westfield are causing unsolicited messages to be sent out, remove this requirement for entry and there is no problem either way.
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