AiMCO issues giveaway compliance rulebook for creators

Australian Influencer Marketing Council (AiMCO) has launched a new Influencer Giveaway Information Sheet to help creators, agencies, and brands navigate the legal and compliance requirements for social media giveaways.

The document, developed exclusively for AiMCO and shaped by member feedback, outlines the key legal rules and best-practice standards that apply when running online promotions in Australia.

It covers permits and legal requirements, terms and conditions, draw processes, winner publication obligations, prize restrictions and creator responsibilities, alongside real-world examples designed to help influencers understand how trade promotion laws apply in practice.

New guide targets compliance gaps in creator promotions

The information sheet was developed by AiMCO’s Industry Advisory Council and Creator Advisory Council, with input from legal specialists in promotional compliance, state lottery and gaming regulators, and Australian Competition and Consumer Commission.

Patrick Whitnall

Patrick Whitnall, managing director of AiMCO, said giveaways are often misunderstood despite carrying clear legal obligations.

“Social media giveaways have become increasingly commonplace in Australia, as brands, influencers and small businesses use them to grow their followers, promote their products or collect leads,” Whitnall said.

“Giveaways, whether run by a brand or a creator, are considered trade promotions in Australia and are governed by state-based or federal laws. Influencers are legally responsible for what they promote, and failing to comply with consumer laws may result in penalties, claims or reputational damage, so it’s critical our members understand their obligations.”

“This information sheet is designed to provide best-practice guidelines for promotions – we’re encouraging our members to consider these before they run any online promotion, and to treat giveaways with the same rigour as other campaigns.”

Amplify backs clearer standards

Sonja Stindl, general manager at Amplify, said clearer industry guidance is increasingly necessary as creators assume greater responsibility for campaigns.

“Giveaways sound simple, but there’s a lot of compliance behind them. Too often, creators are unaware of requirements or expected to coordinate the moving parts without clear, consistent guidance,” Stindl said.

“We work closely with our talent across all facets of partnerships, including helping them understand obligations and reduce risk for everyone involved.”

“That’s why the information sheet from AiMCO is a valuable resource and an important step forward for our industry. It helps set consistent expectations for brands, agencies and talent, making it easier to run giveaways the right and compliant way.”

More regulation expected as sector nears $1bn

AiMCO said the giveaway guide is the latest in a growing suite of sector resources covering taxation, compliance, campaign measurement, gifting and responsible alcohol advertising.

Last year the organisation also released its Family and Child Influencer Information Sheet, focused on ethical treatment of children in family and parenting influencer campaigns.

Whitnall said the sector is moving into a more regulated phase as influencer investment continues to rise.

“As the influencer marketing sector in Australia continues to grow, we have an obligation to continue to provide industry-leading resources for our members,” he said.

“This year, the national influencer marketing industry is expected to hit the $1 billion mark, showing just how important influencer campaigns and partnerships have become to brands.”

“As the industry grows, rules and ethical guidelines are becoming stricter. This year, we’re expecting the sector to become more regulated and professional, and we’re a driving force behind that.”

The Influencer Giveaway Information Sheet is available to AiMCO members

Top Image: AiMCO

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