Holiday Campaigns Are Here… Is Your Legal Checklist Ready?
The holiday content rush is officially underway. Whether you’re a creator finalizing sponsored posts or a brand gearing up for year-end campaigns, ’tis the season when small compliance gaps can snowball into big legal headaches.
Before you hit publish (or ship), here’s a quick legal checklist to keep your campaigns compliant, safe, and protected.
Music & Footage Licensing: Don’t Let Background Audio Become a Liability
Holiday videos often include festive music, stock footage, or “borrowed” clips. Make sure:
You have proper commercial licenses for all music and video assets
You’re not using “personal use only” or “editorial use only” files
Any UGC used in ads includes written permission and usage rights
Unauthorized audio is one of the quickest ways to trigger takedowns, DMCA notices, or account strikes.
Influencer & Brand Disclosures: Clear, Prominent, Non-Negotiable
If anything of value is exchanged, payment, product, discount, affiliate commission, the FTC requires:
#ad, #sponsored, or “Paid partnership with…” in a clear, conspicuous placement
No hiding disclosures in hashtags or at the end of long captions
Brands must monitor influencer partners for compliance
Both creators and brands are responsible for proper disclosures, so include it in your campaign briefs.
Gift-With-Purchase Rules: “Free” Must Really Mean Free
GWP promotions are holiday favorites, but there are rules:
Make terms clear and upfront (minimum spend, limits, automatic vs. manual add)
Disclose whether a return requires the free gift to be returned
Avoid “bait-and-switch” pricing by ensuring inventory matches your offer
Transparent terms protect you from false-advertising claims and customer disputes.
Giveaways & Contests: Play by Platform + State Rules
Holiday giveaways drive engagement, but they’re tightly regulated. Always outline:
Eligibility (age, location)
Entry method and restrictions
Start/end dates
Prize value
Platform release language (Instagram/TikTok require this)
Whether it's a sweepstakes, contest, or lottery
And remember: “No purchase necessary” must truly mean no purchase necessary.
Shipping, Returns & Delays: Set Expectations Now
Customers are buying gifts on deadlines, so clarity is your best friend. Ensure you’ve updated:
Holiday-specific shipping cutoffs
Realistic delivery estimates
Clear return/exchange windows
Any “all sales final” categories
Instructions for damaged or delayed shipments
If your policies shift for the season, publish a dedicated holiday policy page.
Wrapping It All Up (Without the Legal Stress)
Holiday campaigns move fast, but compliance doesn’t have to slow you down. A few proactive checks now can help you avoid takedowns, chargebacks, FTC letters, or unhappy partners later.
If you want a quick review of your campaign, promotion, or influencer agreement, we’re here to help. Contact us today to get started!