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Why Your Sweepstakes Should Have a Privacy Policy

When it comes to running a text to win sweepstakes, you absolutely need to make sure that your promotion has a legally compliant privacy policy. Failing to include one could seriously hinder your company’s ability to utilize the consumer information you’ve collected from your entrants.

To help you understand why a privacy policy is so important for a sweepstakes, here are the top reasons why your sweepstakes should have a privacy policy.

You Can’t Use Entrants’ Data for Marketing Without Consent

If you want to use the data that you’ve collected from your entrants for marketing purposes, such as follow-up discounts and email marketing, you must obtain their consent first. To ensure that you have consent, create a privacy policy that contains all of the required consent language and make sure that it is provided to your entrants at the point of entry into the sweepstakes.

Without a privacy policy, your business is likely to be in violation of state and federal privacy laws if you contact entrants again for any reason after they’ve signed up.

Also Read: Sweepstakes Mistakes You Might Be Making

You Want to Publicly Announce the Winners

Did you know that announcing the winners of your sweepstakes is illegal in many states unless you have a privacy policy in place for your sweepstakes with the proper disclosures? In fact, you will not be permitted to use the name, likeness, or biographical information of the sweepstakes winners to publicly announce the winners unless they agreed to your privacy policy.

This is because disclosing the winner’s information could be considered as a violation of the winner’s rights to privacy. You should also know that some jurisdictions, such as the State of Tennessee, may also require additional consent beyond a privacy policy if you want to use the name or likeness of the winner.

You Want to Use Your Entrants’ Information in Your Branding

Sometimes a text to win turns out so well that you just might want to incorporate the sweepstakes winner into your branding. Whether you plan to feature a previous sweepstakes winner in your next promotion or you want to show them off as a spokesperson for your brand, you need to fully inform entrants upfront.

Make sure your privacy policy covers all of the potential ways in which you might want to utilize any information that your entrants provide to you.

Consult an Attorney

Drafting a comprehensive privacy policy for your sweepstakes isn’t a straightforward task, especially if you haven’t yet decided how you plan to use any data that you collect. Therefore, the information provided in this article should not be considered as legal advice. Every situation is unique and you always seek the advice of an attorney to draft a privacy policy for your sweepstakes.

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