Hinch Law

This post was updated in August 2018. As of that date, the Prizes and Gifts Act remained the same as when this post was originally written, but social media policies such as Facebook have been modified. A sweepstakes or giveaway can be an effective promotional tool for a wide variety of businesses.  With the hyper-prevalence of social media, it is more feasible than ever for a business to reach a far and wide audience and potential market for its products or services.  If you are considering tapping into the power of social media to offer a promotional giveaway, it is important to know the rules first.  The rules are governed by 1) the law and 2) the policy terms of the social medium, which you are typically required to follow by their terms of service.  In Illinois, the applicable law is the Illinois Prizes and Gifts Act , 815 ILCS 525/1, et. seq (the Act).  Check your local jurisdiction elsewhere. The Act applies to any written promotional offer made...

We have been on a bit of a summer hiatus on this page, while contemplating possible changes to the blog for the future.  I recently had the privilege of speaking at the @Midwest social media and business conference in Bloomington, Illinois , on the topic of social media and the law.  My presentation was very well received, but beyond that, I have been blessed to meet and get to know many great and down-to-earth people who really know social media .  The fact is that for all the technological bells and whistles, social media is still merely a fancy, convenient way for real people to interact.  It's all about the people.  The lessons and ethical implications of that reality for how social media should be (and should not be) used are huge, and at the same time are perhaps as simple as the Golden Rule . With regard to the law, the legal issues of social media are perhaps as broad as the law itself, and the ramifications of that are very much still evolving and ...