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What disclaimer or opt-in language should I use when running a giveaway and sharing sign-ups with sponsors?

Summary

When running a giveaway and planning to share participant sign-ups with sponsors, clear and explicit consent is crucial for maintaining legal compliance and good sender reputation. This practice, often referred to as co-registration or co-sponsorship, carries significant implications for email deliverability and data privacy, particularly under strict regulations like GDPR and various state-level privacy laws.

What email marketers say

Email marketers often navigate a delicate balance between maximizing reach through co-sponsored giveaways and maintaining a positive sender reputation. Many emphasize the importance of explicit, undeniable consent to share subscriber data, fearing that ambiguous language or implied consent could lead to increased spam complaints and deliverability issues. They prioritize transparency and clear communication with entrants to avoid negative fallout.

Marketer view

Email marketer from Email Geeks explains that you need to clearly state what you intend to do with the collected data, ensuring that this information is prominently displayed for all participants to see.

19 Jul 2023 - Email Geeks

Marketer view

Marketer from TermsFeed advises that giveaway terms and conditions should always clarify how personal information will be used, particularly if it involves sharing data with third parties like sponsors. This ensures participants are fully informed.

15 May 2024 - TermsFeed

What the experts say

Experts in email deliverability and legal compliance strongly advise against broad co-registration schemes where one party funnels email addresses to others without granular consent. Their insights focus on the legal intricacies and potential negative impacts on sender reputation and inbox placement. They stress that the specifics of a giveaway's setup, participant volume, and the varying state-level laws heavily influence the appropriate consent language and disclaimers needed.

Expert view

Deliverability expert from Email Geeks indicates that your legal team is the best resource to provide a definitive answer on disclaimers and opt-in language for data sharing, as they are equipped to interpret specific legal requirements.

19 Jul 2023 - Email Geeks

Expert view

Deliverability expert from Wordtothewise.com asserts that obtaining explicit, informed consent for each distinct use of personal data, especially for sharing with third parties, is a fundamental principle of modern email marketing ethics and compliance.

23 Feb 2024 - Wordtothewise.com

What the documentation says

Legal and regulatory documentation consistently emphasizes the need for clear, unambiguous consent when collecting personal data, especially for third-party sharing. Regulations like GDPR, CCPA, and CAN-SPAM outline specific requirements for transparency, the right to opt-out, and the need for explicit affirmative action from individuals before their data can be used for marketing purposes by other entities. Non-compliance can lead to substantial penalties and significant damage to brand reputation.

Technical article

Varnum LLP documentation states that when a company runs a promotional giveaway, it may need to collect personal information from entrants, such as their name and email address. The use of this information must adhere to privacy considerations outlined in legal frameworks.

01 Aug 2024 - Varnum LLP

Technical article

TermsFeed documentation explains that the legal requirements around sweepstakes dictate the necessity of creating a custom Terms agreement. This agreement specifies how participant data will be handled, especially concerning third-party sharing.

15 May 2024 - TermsFeed

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