Is “Share This” an Enforceable Online Contract?

High Jackpot

When the Powerball jackpot gets high, you see a rash of posts on social media offering to share a Powerball jackpot with anyone who “likes” or “shares” a post. Is such an offer is an enforceable online contract?

The short answer is yes – if you can prove it. These posts constitute an offer to make a contract under the law. You “liking” or “sharing” constitutes your acceptance of the contract, and it is now enforceable. You would have to somehow prove that you did what was asked, with screen shots, etc.

Enforcing the Online Contract

We once had a client who had won a giveaway at a convenience store for a new car. After they won, the convenience store told them that they actually had intended to only give them use of a car for six months. Sorry but no – the contract was for a car, and the convenience store was informed that unless a car was delivered they would be liable not just for the car, but also for triple damages and attorney’s fees for false advertising. Of course, the car was then delivered.

Just because the online contract would be enforceable, however, doesn’t mean the “liking” or “sharing” is a good idea. Of course, the odds against the ticket in question winning are astronomical. Meanwhile when you “like” or “share” a post like that, you give your Facebook information to hundreds of advertisers.

Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. When he is not enforcing contracts, he enjoys volunteering in the Denver area and spending time with his family, especially his grandson, Jack. 

Ventola Law serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties.