Giveaways and contests are a great tool to gain awareness of your brand or product and for this you should take into account the considerations for creating a giveaways marketing campaign.
The organizers must know all the keys to carry out this type of action and thus adapt to the applicable legislation and avoid possible sanctions. At Letslaw we offer legal advice on how to carry out giveaways on the internet or social networks.
How to use online contests and giveaways to improve your strategy?
Contests and giveaways are a strategy that should not be lacking in a marketing plan. Carrying out these types of campaigns helps brands to get to know their target audience better, increase the acquisition of potential customers and to maintain the commitment of users throughout the buying process, turning them into customers. In addition, they are very effective because they are usually easy to participate, provide a close branding experience and can be integrated into blogs, websites and social media.
The key in this section is to get a good database in order to subsequently impact them with commercial communications. However, it is important to bear in mind that not everything is valid in this type of campaign. Whether you are using giveaways or contests based on a blog or website, whether you are using giveaways or contests through the use of hashtags on social media or using photo contests or campaigns with influencers, it will be equally important to take into account the necessary legality to ensure that these databases are legitimate for subsequent use.
Legal aspects and recommendations to be taken into account.
Regarding the giveaways and following the entry into force of Law 13/2011, of 27 May, on Gambling Regulation, in the event that participation is completely free of charge, it is not necessary to obtain a license to carry out this type of activity. This is known as random combinations for promotional purposes.
Therefore, it is perfectly legal to conduct such campaigns. However, if we are going to obtain personal data of all participants with the aim of obtaining a new database for marketing campaigns in the short, medium or long-term future, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, related to the protection of personal data of natural persons and their free circulation and repealing Directive 95/46/EC (General Data Protection Regulation) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
The big question is, can I force users who are going to enter my giveaways or contest to give their consent for the subsequent sending of commercial communications?
The initial answer is no, as you might expect. However, strategic systems can be put in place to gain as much conversion as possible in order to make future advertising campaigns as successful as possible.
In addition, the brand image that our company will receive thanks to the use of this well-known type of promotional campaign will always be positive.
At Letslaw we offer specialized legal support on how to carry out an online giveaways or contest to clients who wish to enhance their brand in the online environment using raffles and competitions on the internet or social media.