On August 13th, the singer
tweeted that “The 2 fans w the most purchase/gift screenshots, radio requests,
‘Applause’ selfies/video, will fly international to go WITH me to iTunes fest!”
After a number of fans
complained that they didn’t have enough money to buy multiple copies of her
single, Gaga added, “it’s not just about purchases, we will choose creative
monsters!”
Asking fans to like,
share, comment, retweet, favorite, reply, or take any other social media action
to create buzz in hopes of boosting album sales is one thing. Asking fans to
buy multiple copies of your single and screenshot their purchases for the
chance to fly with you to a music festival is another. It is, by legal definition,
a contest—and is therefore subject to all the federal and state laws that
regulate contests.
Though it may depend how
Ms. Gaga is legally set up – whether she has incorporated herself, which state
she has registered her personal business under, and/or which state she is a
legal resident of, this contest clearly violates California State law.
According to the
California Rules for Operation of Contests and Sweepstakes, Business and
Professions Code sections 17539-17539.3, and 17539.35, a "contest" is
“any game, puzzle, scheme, or plan which offers prospective participants the
opportunity to receive or compete for gifts or prizes on the basis of skill or
skill and chance, and which is conditioned wholly or partly on the payment of
some value.”
In this contest, Gaga’s
Twitter followers have been offered the opportunity to compete for the chance
to “fly international to meet [Gaga] and watch the show” (The Itunes Festival)
on the basis of purchasing the most copies of her single, making the most requests
for it to be played on radio stations, and taking the most creative photographs
and videos related to the single.
“The law requires every
person who conducts a contest to disclose on each entry blank the deadline for
submission of that entry.”
No deadline has been
provided, although Gaga did tweet that “I’ll choose the winners by the middle
of next week.”
“All contest and
promotional puzzles and games must clearly and conspicuously disclose each of
the following:
•All
the rules, regulations, terms and conditions of the contest.
•The
maximum number of puzzles or games, which may be necessary to complete the
contest and determine winners.
•The
maximum amount of money, including postage and handling fees, which a
participant may be asked to pay to win each of the prizes offered.
•The
date(s) upon which the contest will terminate, and upon which all prizes will
be awarded.
•Whether
future contests or tie-breakers, if any, will be significantly more difficult
than the initial contest, and the method of determining prize-winners if a tie
remains after completion of the last tie-breaker.”
Gaga’s contest fails to
meet any of the above legal requirements for a contest.
“Clear and detailed
disclosures regarding the nature of the contest and number of contestants also
must be made. The total number of contestants anticipated, and the percentage
of contestants correctly solving each puzzle (based on prior experience) must
be disclosed with the first solicitation and whenever payment of money is
required to become or remain a participant.6 The exact nature and approximate
value of the prizes must be disclosed clearly and conspicuously whenever prizes
are offered”
None of the above required
information has been disclosed at any point in the contest.
“Participants must be
given, clearly and conspicuously, the opportunity to indicate that they wish to
enter this phase of the contest for free. However, participants may be required
to pay reasonable postage and handling fees, which must be clearly disclosed whenever
their payment is required. Reasonable handling fees shall not exceed $1.50 plus
the actual cost of postage.”
Gaga’s contest fails to
provide the opportunity for participants to indicate that they would like to
take part in this contest without proving they have purchased one or more
copies of “Applause.”
These are just some ways
this contest violates California State law. It is likely that there are
additional violations of federal law, but this is not about outlining each
legal violation of the contest. This is meant to demonstrate why this contest
has crossed the line and should be stopped.
The laws this contest
violates were put into place to protect consumers. It is of utmost importance
that as we enter into the era of new media and embrace the unprecedented
opportunity to do things in new and creative ways, that we continue to uphold
the law and protect people from being manipulated and exploited by contests
like this one.
Disclaimer: I am not a lawyer and do not provide, or claim to provide, legal advice.
Use of material in this article is purely at your own risk. I am not liable for
any mistakes in the material presented here.
This article is based on
information obtained from www.dca.ca.gov
UPDATE: LADY GAGA’S APPLAUSE / ITUNES MUSIC
FESTIVAL CONTEST
If you’re looking for an
update on Lady Gaga’s “Applause” / iTunes Music Festival contest, you’re not
alone.
Although the singer
tweeted “I’ll choose the winners by the middle on next week!” on August 13th,
it is now August 23rd. The “middle of next week” has come and gone,
and while Gaga’s fans continue to tirelessly promote her single and compete for
her attention, no winners have been announced.
When I first heard about
the contest, I was shocked that her legal team hadn’t intervened, considering
the number of legal requirements involved in holding any kind of contest, let
alone an international contest with a high prize value.
I was even more shocked
that no one pointed out the contest’s blatant violation of the law. There have
been a number of articles complaining that the contest unfairly manipulates the
Billboard charts, and a few articles about the drastic and bizarre things
people have done (and continue to do) to get the singer’s attention, but
nothing about how the contest it completely illegal and needs to be stopped.
The Examiner has reported
that some fans have spent hundreds of dollars on the contest (http://exm.nr/13XgvN0). Canada.com has
reported (and shown screen shots of) fans offering SEXUAL FAVORS those who
purchase the single (http://bit.ly/154d46G).
Search for the contest on
Google or Twitter and you will find thousands of contest videos, photos, and
messages that are being posted up to this very minute. What more are we waiting
for?
ENOUGH IS ENOUGH. WE ARE
FORTUNTE ENOUGH TO HAVE LAWS DESIGNED TO PROTECT PEOPLE FROM BEING MANIPULATED
AND EXPLOITED IN THIS WAY, AND IT IS TIME TO DEMAND THEY ARE ENFORCED!
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