Can I offer contests that involve social media promotions in California? What are the requirements?

Requirements for Social Media Promotions in California

If you are planning to offer contests that involve social media promotions in California, you must comply with the state’s laws and regulations. One important law to consider is Section 980 of the California Labor Code, which regulates employer use of social media.

Under this law, an employer cannot require or request an employee or applicant to disclose a username or password for the purpose of accessing personal social media, access personal social media in the presence of the employer, or divulge any personal social media, except as provided in subdivision (c) ^[1.1](^[1.1]).

However, this law does not apply to promotions offered by businesses to the general public. In California, promotions that involve social media are subject to the state’s sweepstakes and contest laws, which are enforced by the California Attorney General’s Office .

To comply with these laws, businesses must ensure that their promotions meet certain requirements, such as providing clear and conspicuous disclosures of the promotion’s terms and conditions, including any eligibility requirements, entry deadlines, and prize details. Additionally, businesses must not require participants to pay any fees or purchase any products in order to enter or win the promotion .

It is important to note that these requirements are subject to change, and businesses should consult with legal counsel to ensure that their promotions comply with all applicable laws and regulations.

Source(s):

• [1.1] Section 980 - Employer Use of Social Media

Jurisdiction

California

• Gaming