An attempt at a Garth Brooks concert ticket Facebook giveaway has landed a Lubbock realtor in hot water with his legal team. Lindsey Nicholson explained in an interview with Everything Lubbock, “This is mine and my husband’s, like, bucket list concert. And so, we bought tickets and we were extremely fortunate to be able to get an extra pair and I wanted to give a pair away.” But when she posted the Facebook giveaway for her real estate business, Brooks’ management team contacted her directly to tell her she was doing something illegal and threatened a lawsuit if the giveaway wasn’t removed from her page.
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Garth Brooks Fan in Legal Faceoff Over Facebook Ticket Giveaway
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Photo: Maxpixel
This type of giveaway isn’t something new to the social media site user, nor any number of Facebook account holders. When the words “Lubbock Garth Brooks ticket giveaway” are typed into the site’s search bar, there are a number of similar results. Many ask for the same qualifiers: like the group or the company’s page, share the post, and comment to be entered to win. And this was the very same process that Nicholson followed. “I had planned to make a Facebook post and, with my business page, and promote that page, or promote that post, and have people like and comment and share to kind of get the word out there….I just thought it was going to be fun and something exciting for the community,” she said.
Photo: Pexels
Hundreds of people began to enter Nicholson’s giveaway and follow her steps. Then something no one could anticipate actually happened. “I received a phone call from Garth Brooks management telling me what I was doing was illegal. And threatening a lawsuit and that I must take it down,” Nicholson explained. And following that, a cease and desist order arrived just days later, stating that she unlawfully used a Garth Brooks’ registered mark and an image owned by G.COM LLC, together with a Garth Brooks’ image and likeness to advertise her business. The order identified what could be deemed a violation of the common law right of publicity.
Photo: Maxpixel
But, Nicholson’s lawyer doesn’t agree. Quoted by Everything Lubbock, Carrie Harris, Lawyer at Matthew Harris Law firm and legal representative of Lindsey Nicholson, stated, “She used his name, but it seems incidental here because she isn’t using it to gain popularity or gain anything. She’s using it because she’s actually giving away tickets to his concert.” Alternatively, Harris identified that the post should qualify as a sweepstakes,, landing this case under Texas Gaming Law. “What she has done is said, ‘like my page or like this post, share with three friends or post for three friends.’ But she has also made it possible that they can contact her privately and still be entered into the contest,” said Harris.
Photo: Facebook/Garth Brooks Fan Club
However, the Garth Brooks foundation contacted Facebook earlier this week regarding the matter. Following that, Facebook removed the post and issued a warning to Nicholson that another violation would result in her being banned from their site. Brooks’ legal team has, so far, declined to provide comment to Everything Lubbock regarding the matter. In the meantime, Nicholson’s legal representation is working to prove the legality of the matter. Although these types of contests are a dime-a-dozen on Facebook, this is the first public notification of a celebrity’s management or legal representation requesting full removal of the material from the social media giant’s platform and, furthermore, entering into legal proceedings to ensure it.
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