After yesterday’s story about Apple enforcing third-party promotions and possibly nixing iPad giveaways, we followed up with companies who are trying to give away the magical tablet.
One of them got back to us with the following email from Apple, stating that an app had just been rejected because the company was found in violation of Apple’s giveaway guidelines.
We’ve completed the review of your app, but cannot post this version to the App Store because it did not comply with the App Store Review Guidelines, as detailed below:
* 20.2: Official rules for sweepstakes and contests, must be presented in the app and make it clear that Apple is not a sponsor or involved in the activity in any manner
The CEO, who asked not to be named, told Cult of Mac the company has several apps pending approval in the iTunes store that they suspect are all in limbo for the same reason. Giving away an iPad was a crucial way to gain interest in the press and public, they tell us.
The company had previously given away Apple products to drum up interest without any trouble from Apple.
However, recently it appears that Apple is taking exception to giveaways, especially iPad giveaways, and is starting to enforce a lengthy series of guidelines, which you can download here ( PDF.)
Now the App developer’s giveaway is in jeopardy, along with any potential loyalty from people who “liked” the company on Facebook in hopes of winning an iPad.
Then again, so is the very viability of the app company if they can’t sell in the iTunes store.
How should Apple handle its third-party promotions with developers?
Nicole Martinelli is a San Francisco freelance writer who heads up Cult of Mac Magazine, our weekly publication available on iTunes. You can find her on Twitter and Google+. If you’re doing something new, cool and Apple-related, email her.
19 responses to “Apple Rejects App Over iPad Giveaway Guidelines [Exclusive]”
I don’t see any issue here – Apple just want to “make it clear that Apple is not a sponsor or involved in the activity in any manner”. All the app developer needs to do is put in a disclaimer advising the customer of this. Simples.
This isn’t an rejection regarding promotions, this is rejection based on a very sensible rule to not confuse customers. Besides: “Giving away an iPad was a crucial way to gain interest in the press and public, they tell us.” isn’t exactly a brilliant new marketing concept.
A mountain is being made out of a mole hill. Cult of Mac isn’t the only one guilty here with a rash of other news outlets reporting yesterday about WDTV-TV’s 11 iPad giveaway problems with Apple. The original WDTV article from Fortune failed to cite the specific reason(s) why Apple contacted the news station. Contacting the anonymous company in this new article about slapping a sensible disclaimer isn’t a surprise (and not really newsworthy). Sorry.
1. Apple has to protect use of their trademarks by everyone
2. The general public could assume that Apple is a party to the contest and gripe at them if something goes sideways
3. The general public could assume that Apple is a party to the group that is hosting the contest and the party might be someone with views contrary to Apple’s. Like an anti gay group, the KKK or whatever
4. Such contests in an app should be treated like the other paywall issues. The contest is a way to inflate downloads cause folks will get the app for the contest not cause the app is any good. Double if you have to pay for the app.
How should they handle it? Why ask us peasants? Lord Steve simply dictates and we queue up to kiss his royal a$$.
Or, we simply move over and develop for Android and Windows, both platforms having successfully avoided the need for pole-from-rectum removal surgery.
Go Windows!
they should just say, no apple didnt telll us to do this
I’m going to disagree with every post bar one here, and say that Apple has it completely and entirely wrong.
There are two key issues here, the first being Doctrine of First Sale. Once Apple has sold that device to someone, they essentially lose all rights and authority to control what the device might be used for, and those rights are diminished further once the item in question is passed to another party (say the winner of a contest for which the item in question was purchased for as a prize).
The second is T&C’s that are over-reaching, and impinge to the point of being unlawful upon the reasonable and lawful conduct of business and a trade promotion raffle. If Apple has issues with how its brand and trademarks are being used, then there are legal processes through the relevant civil courts of jurisdiction. Adding additional conditions to a developer agreement is over-reaching from their walled garden into someone else’s fair and lawful promotion and business activities.
Even with my limited experience in matters of intellectual property law, should a business choose to bring suit against Apple for this there is a high likelihood the complainant would win. This would be more likely in this case if it can be demonstrated the conditions in question were materially altered after the application was first lodged for approval.
If Apple has a genuine issue with how it’s brand is being presented in respect of prizes for trade promotion lotteries, it would be more beneficial for them to issue clear guidelines, resources and assistance for people using Apple products as trade promotion lottery prizes. They already do the same for members of the press, and it won’t be much of an organisational leap in delivery, and virtually no human or financial resources to do the same for this cohort of customers.
Resorting solely to punitive and potentially unlawful measures such as the changes to the Developer agreement just makes them look like complete arses in the eyes of customers. They’ve created a whole ton of unnecessary, bad press for themselves because of a poorly thought out and implimented solution to a corporate need.
But on a wider note, why do these developers persist with the iWalledGarden? They might have the handset numbers, but research has shown there are bigger and better profits to be made on other platforms. The more companies who thumb their nose at Apple’s restrictive ecosystem – the quicker they will learn to stop acting like morons and give Developers the ecosystem and profit share they deserve.
To protect the trademark there are courts and jurisdictions. This that
they’re doing I believe is called ‘abuse of dominant position’ and is sanctioned by antitrust agencies.
The courts look at what you do through the courts and outside of the courts when it comes to protecting trademarks.
As for the whole antitrust thing, you might want to double check your law degree cause this has nothing to do with anti-trust.
I’m all in favor of Apple being responsible for products that it puts in its store. When we buy an app, “Apple Inc.” shows on the credit card bill.
And if we buy an app which in any way includes a lottery only accessible thru the app (or ridiculously cumbersome to send a SASE to the developer to get an application form to mail back, resulting in $1.50 of postage), that is basically shelling out money for an ill-defined chance at a tablet.
NOT a free iPad: 10,000 people buy a $2 app and they give out 3 iPads worth $150? Those are really expensive free iPads.
Most developers are clueless about laws governing lotteries that exist in all 50 states. Apple never charges you for a chance to win anything because they are smart enough to know, and play by, the laws.
And they would be ill-advised to have stuff in their store that THEY collect money for, doing illegal lotteries.