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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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Hello, I run a marketing agency and we have been asked to run

Customer Question

Hello, I run a marketing agency and we have been asked to run a competition on a Facebook page for a client. Who is responsible for the terms and conditions being correct with these types of promotions, the client or us as their agency.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

Hello, yes, as a marketing agency it is our responsibility to come up with ideas and suggestions for how brands can market their business.


 


We have put together a competition whereby people like a brand on Facebook and they are entered into a random prize draw and then a winner is announced every day and a prize is won. It is a free competition.


 


What I want to know is, for these types of competitions, is it our responsibility as the agency to produce the terms and conditions or is it the clients?


 


We do not have anyone in the agency that is legally trained and we have not charged for this service or aspect.

Expert:  Jo C. replied 4 years ago.
Sorry for the delay overnight.

The truth is that it depends on what you agree with the client. The contract is yours to modify as you wish within the limits of the unfair terms and contracts act.

Overall though, I'm afraid that since they employ you to market and you have created this idea they are likely to want you to create the terms and conditions.

If you cannot do that - and competition law is complicated - then you can renegotiate on the point. Its a position that is strengthened by the fact that you are not charging for this specific service.

Ultimately though, if there is anything unlawful in the company name they will be responsible as much as you.

Can I help further?