GlitterSniffer Cosmetics and Facebook Terms of Service

Over the course of the past few months there has been much information published regarding GlitterSniffer Cosmetics and their various issues following certain sites Terms of Service. From Artfire to Paypal to Etsy to Google Checkout to Ebay the company and proprietor Lela Warren have shown a disregard for the rules agreed to for use of these sites.

While researching for the elusive Princess Peach tube announcement I ran across an interesting post on Facebook by GlitterSniffer Cosmetics.

Over a year ago GlitterSniffer Cosmetics ran a contest/promotion in an effort to gain fans for their new page. The company asked that people be referred and referrals post who sent them to the page. In exchange for every 10 referrals the referrer was to receive one free pot of pigment.

While this type of entrepreneurial spirit is commendable, it appears to also be a violation of Facebook Terms of Service.

In order to run such a promotion GlitterSniffer Cosmetics would have had to obtain written permission from Facebook prior to running it. Even given the benefit of the doubt that the company obtained such permission there are still the Promotions Guidelines.

From the Promotions Guidelines:

1. You will include the following disclosures:
   
   1. Adjacent to any promotion entry field: "This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to [disclose recipient(s) of information] and not to Facebook. The information you provide will only be used for [disclose any way that you plan to use the user's information]."
   2. In the promotion's rules:
      
      1. A complete release of Facebook by each entrant or participant.
         
      2. Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

And

You may require that an entrant like a Page, check in to a Place, or connect to your Platform integration before providing their full entry information for a promotion.  You will not condition entry to the promotion upon taking any other action on Facebook, for example, liking a status update or photo, commenting on a Wall, or uploading a photo.

Nowhere in the GS promotion rules was the Facebook disclaimer disclosed. GS has run several contests and promotions, including a raffle in December, none of which provided this disclaimer as required by Facebook. Additionally, the promotion required a comment to the page in order to be counted, a request specifically restricted in the Facebook Promotions Guidelines.

There are various measures Facebook can take for the possible violation, including removing the material or disabling the page.

There is an additional interesting disclosure of note in this page promotion.

 

Excerpt from the promotion:

Glittersniffer Cosmetics!

As some of you know (and for those that don't), my last fan base was deactivated by Facebook for violating terms. I was "selling" from a personal account and not a fan page like this one.

How does this apply to GS current situation? Facebook Terms of Use clearly state the following:

You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

Proprietor Lela Warren is well aware of this fact as her previous personal account was apparently deactivated by Facebook, by her own admission, for selling from her personal page.

This screenshot shows several pictures of GlitterSniffer Cosmetics products uploaded to Lela GlitterSniffer Warren's personal page on Wednesday April 27, 2011.

Granted, it could be that Lela is proud of her product and wants to share it on her page.

Here is a business discussion from Lela's personal page from Monday April 25, 2011.

 

Really no discernible issue as we don't know with certainty what the person emailed Lela about, and the inquiry about the tracking number is probably about a previous order.

Also from Monday, April 25, 2011.

Ruh-Roh!

Offering goods in exchange for cash? That would be selling. This status update was on Lela GlitterSniffer Warren's personal account.

Again, Lela Warren appears to be aware of the Facebook Terms as she has purportedly been penalized by Facebook previously for the exact same behavior.

And what about that deactivation?  Facebook Terms also state:

 If we disable your account, you will not create another one without our permission.

It is not known at this time if Lela Warren obtained such permission or was given access by Facebook to her deactivated account, but it is clear that she understands the terms and conditions of keeping a Facebook account. Her actions in repeating the same behavior that caused, by her admission, the previous deactivation could possibly result in the same type of punitive action, should Facebook choose to pursue it.