Our Advertising, Influencers, and Prize Promotion practice helps brands, digital agencies, and influencers navigate the regulatory framework governing marketing practices in the UK.

We advise on Advertising Standards compliance under the ASA (Advertising Standards Authority) Code and CAP (Committee of Advertising Practice) regulations, ensuring that your claims are substantiated, non-misleading, and socially responsible.

For influencer collaborations, we draft and review Influencer Agreements, addressing disclosure requirements, content ownership, usage rights, and consumer and ASA guidelines on transparency. We also guide brands on Prize Promotion Laws from free prize draws to competitions and lotteries taking into account the CAP Code’s prize promotion rules and those of the ASA when drafting official rules and T&Cs.

Our team handles Social Media Campaigns, providing legal checklists for endorsements, user-generated content moderation, and sponsored posts. We also advise on Data Collection in Promotions, ensuring compliance with GDPR when collecting entrants’ personal data.

Whether you’re a retailer launching a social media giveaway or an influencer negotiating brand partnerships, our solicitors deliver concise, strategic advice to help you run compliant, high-impact marketing campaigns.

If you are looking for solutions to your questions, why not give us a call today on a no obligation basis?

• Need to ensure your influencer collaboration meets ASA transparency requirements? Speak with a solicitor experienced in influencer marketing law.
• Unsure how to draft prize draw terms and conditions that comply with prize promotion regulations? Consult our solicitors specialising in prize promotions.
• Wondering what substantiation you need for product claims in your advertising campaigns? Talk to a solicitor knowledgeable in ASA and CAP Code compliance.
• Concerned about GDPR compliance when collecting entrant data for a social media competition? Reach out to a solicitor who advises on data protection in promotions.

Frequently Asked Questions

What UK laws apply to prize promotions?

Prize promotions in the UK are primarily regulated by the CAP Code (the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing), alongside wider consumer protection legislation and, in some cases, gambling legislation. These rules apply to prize draws, competitions and giveaways run in or targeting the UK, and are designed to ensure promotions are fair, transparent and not misleading.

Do prize promotions need terms and conditions?

Yes. Clear and comprehensive terms and conditions are a core requirement for lawful prize promotions. They should set out eligibility criteria, entry mechanics, key dates, prize details, how winners are selected and announced, and any material restrictions. Well‑drafted terms and conditions help manage risk, reduce complaints and demonstrate compliance with advertising law.

When should legal advice be taken, and how does gambling law affect promotions?

Legal advice should ideally be taken at the planning stage. Early input is particularly important when determining how a promotion should be structured and classified. Some promotions may fall within regulated gambling if they are not properly designed. We regularly assist clients with structuring prize draws and competitions so that they fall outside the scope of regulated gambling, where appropriate, and therefore do not require a gambling licence under UK law. Leaving this analysis too late can limit available options and increase regulatory risk.

What does the CAP Code require, and what happens if it is breached?

The CAP Code sets out detailed rules on how promotions must be advertised and run, including requirements around fairness, transparency, availability of prizes, significant conditions and winner selection. Breaches can lead to complaints to the Advertising Standards Authority (ASA), adverse rulings, mandatory changes to marketing materials and reputational damage. In some cases, promotions may need to be amended or withdrawn entirely.

Are social media giveaways subject to special rules?

Yes. Social media giveaways must comply with advertising law, the CAP Code and the rules of the relevant platform. Entry requirements, eligibility restrictions and key conditions must be clearly communicated, and promotions must not encourage improper use of platform features. Careful drafting and platform‑specific compliance are essential to avoid complaints or takedowns.

What additional issues arise with influencer‑led promotions?

Influencer‑led promotions raise additional considerations under advertising and influencer marketing rules, including the requirement for clear and prominent disclosure of marketing content. Where influencers are involved in promoting or administering a prize promotion, it is important that influencer agreements, disclosures and promotion mechanics align with the underlying terms and conditions.

Are international prize promotions more complex?

Yes. Different jurisdictions impose different legal and operational requirements for prize promotions, which may include registrations, filings, language requirements or restrictions on prize values and mechanics. These requirements can vary depending on the type of promotion and how it is structured. Early legal advice can help ensure promotions are capable of running smoothly across multiple territories without last‑minute exclusions. Where consumers in an excluded territory express frustration on social media, this can undermine the effectiveness of the promotion and damage consumer sentiment towards the brand.

Do I need to physically come into your offices to work with you?

Eaton Smith are based in Huddersfield but we provide our services to clients globally, so no matter where you are located if you are looking to comply with UK Consumer Law we can work with you remotely. We have systems in place to support working with clients entirely remotely and this often reduces your overall costs compared to needing to attend an office as some law firms may still require.  

How can Eaton Smith Solicitors help with prize promotions?

We advise businesses on advertising law, influencer marketing and prize promotion compliance, including drafting and reviewing prize promotion terms and conditions, supporting UK and international campaigns, and advising on promotion structuring and classification, with the aim of avoiding the need for gambling licences.

Our focus is on helping clients run promotions that are legally compliant, commercially effective and aligned with their wider marketing objectives. If your business is planning a prize draw, competition, giveaway or influencer-led promotion, Eaton Smith can help you structure the promotion correctly and prepare compliant terms and conditions.

We can tailor our advice and approach to the situation and that may mean working to specific budgetary constraints. Given our experience in this area, we can guide you through your legal roadmap and give you estimates of costs in relation to required activities.

You can contact Chris Taylor by email at christaylor@eatonsmith.co.uk