Burger King Sparks Outrage, Possible FTC Violation After Hijacking Twitch Donations For Ad Campaign
Title: The King of Stream— Ogilvy (@Ogilvy) August 18, 2020
Client: Burger King
Burger King turned Twitch's donation feature into a marketing campaign.
Check out more #ClientWork, here: https://t.co/F7JV9RUakK pic.twitter.com/KUhtxctwhu
iii. send junk mail or spam to users of the Twitch Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;According to Streamlabs, a popular streaming tool to handle tips and donations, there is a blurb about sending donations in the terms. It is as follows:
By sending a tip or donation to the recipient, you agree that the card is your own and authorize us to charge each tip transaction in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip.Generally, the FTC and Twitch have rules about not partaking in ads as Burger King and Ogilvy did. The streaming tool services also have rules about not using the donations for ads in a roundabout way. In whatever way you interpret these rules determines how badly Ogilvy messed up, if at all. No matter what, it seems a little shady to bombard content creators with advertisements which they did not expect nor were compensated fairly for. At the end of the day, you can decide on how bad this really was and which side you take. Let us know what you think of these tactics in the comments below.