Sending Email to a List Generated By a Contest
I run a forum website. I had a vendor offer to give away a nice prize on my website in exchange for the information collected on those who registered to win the drawing. (name, address, and email)
Everything went as planned, people registered, I picked a winner, the company shipped them the prize, and I gave the company the contact information from the registrations.
A few days later, the company sends a marketing email (with a removal link) those who registered, which leads to a couple of people getting angry saying they were spammed because of my contest. Granted, these same people post their email publicly on the internet (I googled them to see), so that’s where most of their spam in coming from.
The worst part is, I did the contest for my members for free. I received nothing from the deal. I’m I liable for anything? Did I do something wrong? Perhaps next time, I’ll put up some disclaimer, I just never thought it would turn out like this…
Re: They Didn't Win, So They're Pissed
what do you think was the intent of requesting emails and such for everybody? What did you think the company was going to do with the addresses?
Re: They Didn't Win, So They're Pissed
I think their intent was to send them marketing material in exchange for the opportunity to win something. I thought this was normal.
Re: They Didn't Win, So They're Pissed
then why do you sound surprised that they did do what you thought they were going to do?
unless you made some promise of privacy, you have nothing to be concerned about other than they are pissed at you. As you have found out, there really is no privacy on the internet.
Re: They Didn't Win, So They're Pissed
I would simply tell them that by entering the contest that was in effect consent for the sponsor to send them further information. It is not spam. The list was not sold. They entered the sponsor's contest for a chance to win the prize and in return agreed to that company communicating with them for whatever purpose the sponsor desired. (Why do they THINK there was a prize offered for the information? Some people are stupid.) I assume you had some notice with the contest entry. I would also tell them that you received no payment or any compensation and provided the contest as a means to a member to win a valuable prize. Tell them that if they don't want to be sent email or snail mail by a contest sponsor, don't enter the contest. Entering the contest constitutes permission for the mailing.
You have no liability other than hearing from some bitchy people.
They have no legal recourse.
Re: Sending Email to a List Generated By a Contest
I assume it was pretty obvious that there was a sponsor for this contest - that it wasn't just you offering the prize. People should have been able to figure out that the purpose of providing the information was so that the sponsor of the contest could contact them. But as P.T. Barnum said, you don't get rich by overestimating the intelligence of the American people. Next time, I suggest explicitly informing them that their contact information will be passed along to the sponsor of the contest, and that the sponsor may contact them afterward. (And be sure that, like this time, the marketer is ethical enough to include and honor an "opt out" link on any subsequent email.)
Re: Sending Email to a List Generated By a Contest
yes, that would be unacceptable! at least, they should let you know what's wrong for you did!