Can I market my contest or promotion on Facebook without landing in Facebook jail?

Oh, the dreaded jail of social media.  Any individual or business who markets through these useful channels has heard the jail rumors: accounts blocked, violations reported, pages shut down.

Fear not, because the short answer is:

YES, you can promote a sweepstakes, contest or promotion on social media and remain in compliance.  In fact, these channels can be extremely useful to increase engagement for your business.

However, and that is a big HOWEVER- it is extremely important to comply with each platform’s terms and conditions when administering the promotion. Otherwise, off to jail you go.  In this segment, we will review the important terms for promoting on Facebook.  Other social media platforms will be addressed in future article updates.

If you want to remain jail free (and legally compliant) these are the big DOs and DON’Ts when administering a promotion:

• DON’T hold yourself or your page out as a brand representative (official page), if your page is simply a fan site or support page.

• DON’T improperly tag anyone in a photo that they are not actually in (such as encouraging individuals to tag themselves or others in your photo or cover image).

• DON’T use invalid or overly-broad page names or web addresses.

• DON’T use text or images that are misleading, deceptive or infringe on another’s copyright or trademark.

• DON’T utilize personal timelines when administering promotions (encouraging entrants to “share on your timeline” or “tag a friend” are explicitly forbidden in the Facebook Page Rules).

• DO ensure content and promotions comply with all regulations including privacy acts, COPPA, the FTC and all state and federal promotional requirements.

• DO have terms and conditions accessible to anyone who may request them.

• DO clearly state that you (and not Facebook) are collecting any data.

• DO limit the promotion in time and provide a complete Facebook release, indicating in the official rules that Facebook has not sponsored, endorsed, or in any way administered the promotion.

As stated above, marketing on social media can be daunting, but it doesn’t have to be non-compliant.  If you would like assistance creating terms and conditions, or full official rules, please contact our office.

Keep a look out for our future blog segments related to marketing on social media platforms.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

The post Promoting Your Business on Social Media: Part I appeared first on Bloom Gates Shipman & Whiteleather.

Does incorporation protect me from personal liability?

PART 2: HOW TO AVOID PERSONAL LIABILITY FOR BUSINESS DEBTS

If you own a business, you likely, at least partially, made the decision to form a corporation or a limited liability company (LLC) so that you wouldn’t be held personally liable for debts related to the business. However, sometimes courts will hold a corporation or an LLC’s owners, members, and shareholders personally liable for the debts of a business.  This is called “piercing the corporate veil.”

Typically “piercing the corporate veil” happens in one of two scenarios; when a business is closing and does not have enough assets to satisfy its outstanding debts, or when a business is sued and there is either no insurance or not enough insurance to satisfy the obligation arising from the lawsuit.

When a court evaluates whether to pierce the corporate veil, the court considers the following factors:

• Whether the company and its owners are distinct.
• Whether the company and the owner’s assets are kept separate.
• Whether the company’s actions were wrongful or fraudulent.
• Whether the company failed to follow corporate formalities.
• Whether the company was adequately capitalized.

If you have questions about how to protect your business or if you are ever personally sued for the debts of your business, you may need the help of a business attorney to defend yourself. The attorneys of Bloom Gates Shipman & Whiteleather, LLP have decades of experience defending businesses throughout Northeast Indiana.

If you need assistance or advice on how to avoid personal liability in a business, please contact us. We would love to work with you.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

The post How to Avoid Personal Liability for Business Debts appeared first on Bloom Gates Shipman & Whiteleather.

Does incorporation protect me from personal liability?

Yes, incorporating your business does provide a layer of protection from personal liability.  However, it is important to keep in mind that there are times when that protection does not insulate you completely.  This is referred to as piercing the corporate veil. In this part one of our two-part segment, the broad duties and protection requirements for insulation are discussed.

Protection requirements:

There are primarily two requirements that must be followed in order to maintain corporate protection:

1) The Rule of the Prudent Person.  Board members are trusted individuals and this protection is provided as it is assumed that the board member will act reasonably for the best interest of the business.  The prudent person rule essentially states that board members are protected from personal liability as long as they act “as a reasonably prudent person under the same or similar conditions”. So basically, if your peers would think you acted contrary to your duty, then the protection may not be available.

2) Duty of Loyalty. As a board member, conflicts of interest should be avoided.  Therefore, the protection otherwise provided may not be there if actions or decisions are made to benefit yourself instead of the business.  Commonly, this occurs when a board member votes in favor of an action to provide himself or his family with financial gain or support a business venture he owns.  Keep in mind, while financial gain is a typical motive, it is not required to breach the duty of loyalty.

Risk Management:

Create bylaws which prohibit personal gain at the business’ expense or doing business with companies who benefit board members. Be sure to encourage board members to think through all key decisions and document decision reasoning in minutes.

If you need bylaw or incorporation assistance, please contact us. We would love to work with you.

Check back next week for part-two of this segment, which will address the other factors to consider in order to avoid piercing the corporate veil.

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.

The post Does Incorporation Protect Me from Personal Liability? appeared first on Bloom Gates Shipman & Whiteleather.