What is the best opt-in language for sharing sign-ups with multiple sponsors?

You should include a clear, separate, unchecked checkbox for each sponsor, stating that by checking the box, the participant agrees to receive marketing communications from that specific sponsor. Also, include a link to each sponsor's privacy policy and your own. For general giveaway rules, ensure disclaimers about non-sponsorship by platforms (e.g., social media sites) and your right to modify rules are visible.

What are the risks if I don't use proper disclaimer and opt-in language?

Legal consequences can include substantial fines, especially under regulations like GDPR or CASL. For deliverability, improper consent leads to higher spam complaints, increased bounce rates, a damaged sender reputation, and potential placement on email blocklists or blacklists, hindering future email campaigns for both you and your sponsors.

Is double opt-in necessary when sharing email sign-ups with sponsors?

Yes, it is often recommended. While not always legally mandated, double opt-in provides stronger proof of consent, reduces the likelihood of spam complaints, and helps build a higher-quality email list. This can significantly improve your email deliverability rates in the long run.

How do consent requirements differ across regions like the US, EU, and Canada?

The primary difference is the strictness of consent requirements. GDPR (EU) and CASL (Canada) typically require explicit, opt-in consent with clear, granular choices. The US CAN-SPAM Act is less stringent, allowing for implied consent but still requiring a clear unsubscribe option and valid sender information. Always tailor your language to the strictest applicable laws based on your audience.

Can sharing sign-ups with sponsors negatively affect my own email deliverability?

Yes, poor consent from shared lists can negatively impact your sender reputation. If sponsors send emails to recipients who didn't explicitly consent, leading to high spam complaints, it can signal to mailbox providers that the source of the data (your giveaway) is low quality. This can, in turn, affect your own future email deliverability.

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

Running a giveaway can be an exciting way to boost engagement and grow your audience. Many businesses collaborate with sponsors, which often involves sharing the collected sign-up data. However, navigating the legal and ethical landscape of data sharing, particularly concerning email addresses, requires careful attention to disclaimers and opt-in language. The goal is to ensure transparency with your participants while complying with various data privacy regulations.

The primary challenge lies in obtaining explicit consent from participants to share their personal information with third parties, such as sponsors. Implied consent is often insufficient, and failing to secure proper consent can lead to severe penalties, damage to your brand reputation, and significant email deliverability issues. It's not just about avoiding legal trouble, it's about maintaining trust with your audience and ensuring your emails reach their inboxes.

Beyond legalities, email service providers (ESPs) and mailbox providers (like

Google and

Yahoo) have stringent rules regarding consent and list acquisition. If participants don't explicitly agree to receive marketing communications from sponsors, emails sent by those sponsors could be flagged as spam, leading to blocklisting and reduced sender reputation across the board. This applies even if you have proper authentication like DMARC, SPF, and DKIM in place.

Understanding legal frameworks

When collecting sign-ups for a giveaway, especially if you plan to share data with sponsors, understanding the relevant legal frameworks is paramount. Different regions have different laws governing data privacy and marketing consent, such as GDPR in Europe, CCPA in California, and CASL in Canada. Each requires a specific level of transparency and explicit consent.

These laws typically mandate that participants must actively agree to their data being used for specific purposes, including sharing with third parties. Pre-checked boxes or vague language are generally not compliant. The consent must be freely given, specific, informed, and unambiguous. You should also provide clear opt-out options for participants.

Ignoring these regulations can lead to substantial fines and reputational damage. For instance, violating GDPR can result in penalties up to 4% of a company's annual global turnover or 20 million Euros, whichever is higher. Even less stringent laws like CAN-SPAM in the US still require clear disclosure and an easy unsubscribe mechanism.

Compliant data sharing

Explicit consent: Participants actively check an unchecked box to agree to data sharing.
Transparency: Clearly state which sponsors will receive the data and for what purpose.
Privacy policy link: Provide an easily accessible link to your detailed privacy policy.

Consulting legal counsel or your ESP's compliance team can provide tailored advice for your specific giveaway and target regions. For general legal advice, consider resources like Varnum Law's guide on giveaway privacy considerations.

The language you use on your giveaway sign-up form is crucial. It must clearly inform participants that their email addresses will be shared with sponsors for marketing purposes. This isn't a place for fine print or ambiguous phrasing.

A common best practice is to use a separate, unchecked checkbox specifically for sponsor communications. This ensures that participants actively opt-in to receive emails from third parties. If you're concerned about balancing compliance with conversion rates, remember that double opt-in is still a relevant best practice for higher quality lists, even if not legally required in all regions.

Below is an example of compliant opt-in language. The key is to be concise yet comprehensive, making it easy for participants to understand exactly what they're agreeing to.

Example opt-in checkbox languageHTML

<input type="checkbox" id="sponsor_opt_in" name="sponsor_opt_in" value="yes">
<label for="sponsor_opt_in">Yes, I would like to receive marketing communications from [Sponsor 1 Name] and [Sponsor 2 Name]. I understand my email address will be shared with them for this purpose. I can unsubscribe at any time. See our <a href="[Your Privacy Policy Link]">Privacy Policy</a> for more details.</label>

Avoid pre-checked boxes or language that implies consent. For example, language like "By entering, you agree to receive emails from us and our partners" is often non-compliant and can lead to issues, especially under stricter regulations like GDPR or CASL. For more insight into consent, consider reading about risks of converting visitors to leads without consent.

Including necessary disclaimers

Beyond the data sharing consent, your giveaway should include general disclaimers to protect your brand and comply with platform rules. These disclaimers typically cover aspects like the contest not being sponsored by social media platforms, eligibility, prize details, and your right to modify the rules. These should be easily visible, often linked from the entry form or included in the official rules.

For social media giveaways, it's critical to include language clarifying that the platform itself is not involved. For example, Instagram giveaways require a specific disclaimer stating the promotion is not sponsored, administered, or associated with Instagram. This protects both you and the platform.

I often recommend having a dedicated 'Official Rules' page or pop-up that details all terms and conditions. This page should clearly outline how participant data will be handled, especially if shared with sponsors. It’s also wise to specify that by entering, participants agree to these terms.

Disclaimer type	Example language	Purpose
Platform disclaimer	“This promotion is in no way sponsored, endorsed, or administered by, or associated with [Platform Name].”	Compliance with social media platform's rules.
Data sharing disclosure	“By opting in, you agree that your email address may be shared with [Sponsor Name(s)] for marketing purposes, subject to their privacy policies.”	Obtain explicit consent for third-party data use.
Right to modify	“We reserve the right to cancel, modify, or suspend the giveaway in case of fraud or unforeseen circumstances.”	Protects your brand from unforeseen issues or abuse.

Protecting your sender reputation

Beyond legal compliance, the way you handle opt-in and disclaimers directly impacts your email deliverability and sender reputation. Mailbox providers are increasingly strict about consent. If you send emails to recipients who haven't explicitly opted in to your (or your sponsor's) communications, you risk high spam complaints, bounces, and ultimately, your emails landing in the spam folder or getting blocklisted.

A key deliverability best practice is to ensure that every email recipient genuinely wants to receive your messages. When you share sign-ups with sponsors, their sending practices directly reflect on the quality of the list you provided. If their emails get marked as spam, it could indirectly impact your own sender reputation, even if your consent collection was perfect.

This is why I strongly recommend against general co-registration, where one party funnels email addresses to others. Instead, strive for clear, individual opt-ins for each party involved. This ensures higher quality leads for everyone and mitigates shared deliverability risks. Maintaining a good domain reputation is crucial, and you can learn more about it in our guide to understanding your email domain reputation. Regular blocklist monitoring can also help you identify issues early.

Risky practice: Co-registration

Implied consent: User signs up for a giveaway and automatically gets added to sponsor lists.
Vague disclaimers: Language like "By entering, you agree to receive communications from partners."
High spam complaints: Recipients who didn't explicitly opt-in mark emails as spam.
Shared blocklists: Poor sender reputation can lead to being placed on a blocklist or blacklist.

Best practice: Individual opt-ins

Explicit consent: Clear, unchecked checkboxes for each sponsor's marketing.
Granular control: Allows users to choose which sponsors they want to hear from.
Lower complaint rates: Only engaged recipients receive emails, improving deliverability.
Protected reputation: Your domain's standing is less likely to be impacted by sponsors' practices.

Views from the trenches

Best practices

Always use clear, unambiguous language for opt-in checkboxes.

Ensure the opt-in checkbox is unchecked by default.

List each sponsor explicitly that will receive the participant's data.

Common pitfalls

Using pre-checked opt-in boxes or implied consent for data sharing.

Burying data sharing disclosures in long terms and conditions.

Not clearly naming the sponsors who will receive the email addresses.

Expert tips

Consider a separate landing page for sponsor opt-ins post-giveaway entry to ensure high intent.

If sharing data, periodically audit sponsor sending practices to avoid associated deliverability issues.

Prioritize quality over quantity for shared leads; a smaller, highly engaged list is more valuable.

Expert view

Expert from Email Geeks says your legal team is in the best position to answer questions about specific disclaimers for giveaways.

2023-07-19 - Email Geeks

Marketer view

Marketer from Email Geeks says stating clearly what you're going to do with the data, where everyone can see it, is important. Also, be explicit about how participants can opt-out from sponsor communications.

2023-07-19 - Email Geeks

Key takeaways for compliant giveaways

When running a giveaway and sharing sign-ups with sponsors, it is critical to prioritize transparency and explicit consent. This protects your brand, ensures legal compliance across various regions (like the US, EU, and Canada), and safeguards your email deliverability. Poor consent practices can lead to unwanted blocklisting (or blacklisting) and a damaged sender reputation.

By implementing clear, unchecked opt-in checkboxes, detailing which sponsors will receive data, and providing easily accessible privacy policies, you build a foundation of trust. This approach not only keeps you compliant but also fosters a healthier email ecosystem, where recipients genuinely want to receive the communications they've opted into.

Remember, the effort invested in proper consent language and disclaimers pays off by maintaining a strong sender reputation and ensuring your valuable marketing messages reach the inbox, rather than being caught in spam filters or causing your domain to be put on a blocklist.