A giveaway published with no legal terms
The brand launches a giveaway with a large account and later finds it does not comply with the rules that apply to the prize.
NOTABILITY / GIVEAWAYS
Growth borrowed from someone else's audience: your brand enters the giveaway with the right account, their audience follows you. We negotiate, execute and measure what's left afterwards.
We choose the account by real audience overlap with your customer, not follower count.
We close the fee, deliverables and schedule with the influencer or their representative, by contract.
We draft the giveaway's legal terms: a notarised deposit where it applies and tax withholding on the prize.
We measure how many followers remain and how many engage a month after the giveaway, not just who entered.
WHAT WE DELIVER
It's not posting "giveaway, tag a friend": it's choosing the right account, negotiating by contract, and getting the legal terms in order before anything goes live.
What gets signed off before publishing
Does your case fit? We will tell you what can be done, at no cost and no commitment.
Plan a giveawayWHEN IT MAKES SENSE
The brand launches a giveaway with a large account and later finds it does not comply with the rules that apply to the prize.
A previous giveaway brought thousands of new followers who disappeared within two weeks without a single sale.
A brand with no prior audience needs an initial base of relevant followers before it starts publishing its own content.
Two or three complementary brands want to run a joint giveaway and split the cost of the prize.
WHAT CHANGES IN PRACTICE
A well-run giveaway starts with the account: its audience has to overlap with your real customer, not just have volume. On that basis we negotiate with the influencer, design a prize that filters for people who would buy rather than people who enter everything, and draft the legal terms: a notarised deposit for the prize, tax withholding on its value, and compliance with the platform's promotion rules.
The legal part is not an optional step you skip to move faster: a giveaway with non-compliant terms, without a notarised deposit where required, or without the tax withholding applied, exposes the brand to a penalty and the winner to a problem with the tax authorities. It is the part of the process most agencies in the sector skip, and exactly where we take the most care.
QUESTIONS BEFORE YOU START
A badly run giveaway can cost more in penalties than in prize value. These are the six questions that settle both the legal risk and the results risk.
It includes selecting the account by real audience affinity, full negotiation with the influencer or their representative, prize design and entry mechanics, drafting the legal terms, and measuring followers retained after 30 days. It does not include buying followers or fake engagement to inflate the giveaway's results: that breaks platform rules and exposes the account to a penalty.
It can, and that is exactly why half the work is in the prize design and the account selection, not the giveaway mechanic itself. A generic prize and an account chosen only for follower count attract people who enter every giveaway with no intention of ever buying. We design the prize to appeal only to people who fit your customer, and we measure 30-day retention precisely to catch whether the giveaway brought in a real audience or prize hunters.
Account selection and negotiation usually take 1 to 3 weeks, depending on the influencer's availability. The legal terms and mechanics are prepared in parallel, in about 5 to 10 days. The giveaway itself runs for however long is set, typically 3 to 15 days of entries, and retention measurement closes 30 days after it ends.
The legal terms have to cover this in writing: a deadline for the winner to identify themselves and claim the prize, and what happens if they do not, normally moving to the next entrant in the order the terms set out. Without that provision, a giveaway has no valid close and can be considered poorly run in the eyes of the platform or the tax authorities. We draft it in from the start rather than improvising if it happens.
The notarised deposit is mandatory when the giveaway is aimed at the general public rather than only already-identified customers: it proves to anyone that the prize exists and gets delivered according to the terms. We handle it as part of the service whenever the case requires it. Tax withholding applies in Spain to prizes above the legally exempt amount, is paid by whoever awards the prize, and the winner receives a withholding certificate. In Malta and in international campaigns we review the tax framework case by case, because it is not the same. It is the part the sector skips most often, and where we take the most care.
The budget available for the prize and for the influencer's fee, and the market where you want impact: Spain, Malta or both, because that changes both the recommended account and the tax treatment of the prize. With that we prepare a proposal of matching accounts and a cost range before negotiating anything, so you decide with real figures, not a generic estimate.
NEXT STEP
We review the prize, the market and the candidate account, and tell you which legal terms apply before anything goes live.