A holiday creator gifting policy defines eligibility, product selection, shipping timelines, deliverables, returns, and usage rights. It clarifies disclosure obligations and whether posts are mandatory or optional in exchange for gifts.
Here's the thing about gifting products to creators during the holidays: without a clear policy, you end up with confusion, unrealistic expectations, and creators who ghost you after receiving their packages. I've seen brands send $2,000 worth of products to influencers who never posted, brands who demanded content from "gifted" creators without clarifying that upfront, and creators who resold gifted items on Poshmark within 48 hours.
A gifting policy fixes all of this. It sets boundaries before you ship anything. It clarifies whether posting is optional or required. It explains what happens if items are returned or resold. And most importantly, it protects both you and the creator from misaligned expectations during the busiest season of the year.
This guide gives you copy-ready policy blocks you can customize for your brand, plus editable templates in Google Docs and Word. By the time you finish reading, you'll have a complete gifting policy ready to send with your first holiday seeding package.
Essential Components of a Holiday Gifting Policy
A complete creator gifting policy covers seven areas: eligibility, product selection, shipping timeline, content expectations, usage rights, returns/resale restrictions, and disclosure requirements. Each component protects your brand investment while respecting creator autonomy and FTC guidelines.
The key distinction in any gifting policy is whether content is mandatory (required in exchange for product) or optional (creator decides whether to post). This single decision shapes your entire policy and determines how you communicate with creators.
Why Holiday Gifting Policies Matter More Than Ever
According to research from AspireIQ, 67% of creators post about products they receive as gifts when they genuinely like them, but only 23% feel obligated to post if expectations aren't clear upfront. The holiday window amplifies this—creators receive dozens of packages in November and December, and yours competes for their attention.
A clear policy helps you:
- Reduce ghosting: Creators know exactly what's expected before accepting product
- Avoid legal issues: Proper disclosure language protects both parties under FTC guidelines
- Manage timelines: Clear shipping and posting windows keep campaigns on schedule
- Control usage rights: Define how your brand can use creator content if they do post
- Handle returns professionally: Prevent awkward conversations about unwanted or damaged items
The Two Types of Gifting Programs
Your policy structure depends on which model you're using:
Model |
Content Requirement |
Best For |
FTC Consideration |
Optional Gifting |
No posting required; creator decides |
Brand awareness, organic word-of-mouth, building relationships |
If creator posts, disclosure recommended but not legally required (gift had no strings) |
Mandatory Gifting |
Content required; deliverables specified |
Campaign-driven seeding, product launches, influencer marketing |
Creator MUST disclose material connection (gift given in exchange for content) |
Critical distinction: If you require content in exchange for product, it's not a "gift"—it's compensation for services, and FTC disclosure rules apply just like paid partnerships. Your policy must clearly state which model you're using.
Timeline Considerations for Holiday Seeding
Holiday gifting programs need tighter timelines than other seasons. Here's what matters:
Milestone |
Recommended Date |
Why This Matters |
Creator Outreach |
Early-Mid October |
Gives creators time to plan content around other commitments |
Policy Acceptance |
1 week before shipping |
Ensures creator understands terms before you ship |
Product Shipment |
Late Oct - Early Nov |
Allows arrival before Thanksgiving; creators have time to test products |
Content Due (if mandatory) |
Nov 15 - Dec 10 |
Captures Black Friday through holiday shopping window |
Usage Rights Window |
60-90 days post-campaign |
Long enough to repurpose content across channels |
Build buffer time into every stage. Shipping delays, creator illnesses, and last-minute changes happen more during Q4 than any other season.
Copy-Ready Policy Blocks (Customize for Your Brand)
The templates below are organized by policy component. Copy the blocks that match your gifting model (mandatory or optional), customize the bracketed placeholders, and compile into a complete document.
Block 1: Introduction & Program Overview
Holiday Creator Gifting Program - Terms & Guidelines
Program Name: [Your Brand] Holiday Creator Program 2025
Program Period: [Start Date] through [End Date]
Program Objective: We're partnering with select creators to share [product category/collection] during the holiday season. [Choose one:]
Optional Posting Version: "We're gifting these products with no posting requirements—simply enjoy them and share only if you genuinely love them."
Mandatory Posting Version: "In exchange for receiving [product name/value], creators agree to produce [X] piece(s) of content according to the deliverables outlined below."
Contact: Questions about this program should be directed to [email address].
Block 2: Eligibility Criteria
Creator Eligibility
To participate in this program, creators must meet the following criteria:
- Audience size: Minimum [X,XXX] followers on [platform(s)] OR minimum [XXX] monthly blog visitors
- Audience alignment: Primary audience demographics match our target customer ([age range], [location], [interests])
- Content quality: Professional-quality photos/videos with consistent aesthetic
- Engagement rate: Minimum [X]% average engagement (likes + comments ÷ followers) over last 30 days
- Brand alignment: Content style and values align with [Your Brand] mission
- Age requirement: Must be 18+ years old and legally able to enter into this agreement
- Geographic location: [US-based only / Open to international creators in select countries]
- Exclusivity (if applicable): Not currently partnered with [competitor brands] or under exclusive contract with conflicting brands
How to apply: [Application process—email, form link, DM, etc.]
Selection process: We review applications on a rolling basis and notify selected creators within [X] business days. Acceptance into this program is at [Brand Name]'s sole discretion.
Block 3: Product Selection & Shipment
Product Details
What you'll receive: Selected creators will receive [specific product(s) or "a selection from our holiday collection"] with an approximate retail value of [$XXX].
Product selection: [Choose one:]
- "Creators may request specific products from our catalog based on their audience preferences."
- "We'll curate a selection based on your content style and audience."
- "All participants receive the same product bundle."
Shipping timeline: Products will ship between [Start Date] and [End Date]. Expected delivery: [X-X] business days after shipment.
Shipping address: You must provide a valid US shipping address [or applicable countries]. We are not responsible for failed deliveries due to incorrect addresses.
Shipment tracking: You'll receive tracking information via [email/text] when your package ships.
Lost or damaged items: If your package is lost or arrives damaged, contact us within [X] days of expected delivery for a replacement. Photos of damaged items required.
Customs & international shipping (if applicable): International creators are responsible for any customs fees, duties, or taxes. We cannot mark items as "gifts" or lower declared values.
Block 4A: Content Expectations (Optional Posting Model)
Content Guidelines - Optional Posting
Posting is optional. You are not required to create content in exchange for receiving this product. If you choose not to post, simply enjoy the product—no explanation needed.
If you do choose to post:
- Content should be authentic and reflect your genuine experience with the product
- We recommend (but do not require) disclosing that you received the product as a gift
- Tag [@YourBrandHandle] so we can see and share your content (optional)
- Use hashtags: [#YourBrand #OptionalHashtags] (optional)
Usage rights (if you post): By tagging or mentioning [Brand Name] in your content, you grant us permission to repost, share, or feature your content on our owned channels with proper credit. If you prefer we not share your content, please let us know.
No strings attached: Future gifting opportunities are not contingent on whether you post about this product. We gift because we believe in building authentic relationships with creators who love our products.
Block 4B: Content Expectations (Mandatory Posting Model)
Content Deliverables - Required Posting
By accepting this product, you agree to create and publish the following content:
Deliverable 1: [X] Instagram Post(s)
- Format: In-feed post with [X] images minimum
- Caption: Minimum [XXX] words highlighting [key messaging points]
- Tags: Tag [@YourBrand] in both post and first comment
- Hashtags: Include [#YourBrand #HolidayHashtag #Ad or #Gifted]
- Due date: [Specific date or range]
Deliverable 2: [X] Instagram Story/Reel/TikTok [specify platform and format]
- Format: [Reel/Story/TikTok video], [XX-XX] seconds
- Content: Showcase [specific product features or use cases]
- Tags/Mentions: Tag [@YourBrand]
- Disclosure: Must include [#Ad / #Gifted / "Gifted by @YourBrand"] clearly visible
- Due date: [Specific date or range]
[Optional Deliverable 3:] Blog post, YouTube video, etc.
Content approval: [Choose one:]
- "No pre-approval required—post when ready within the due date window."
- "Submit content drafts to [email] at least [X] days before posting for review and approval."
Content quality standards:
- Professional-quality visuals (well-lit, in-focus, high-resolution)
- Authentic voice—sound like yourself, not a scripted ad
- Accurate product information (we'll provide key details)
- Compliant with platform guidelines and FTC disclosure requirements
What happens if you don't deliver: If content is not published by [due date] without prior arrangement, we reserve the right to [choose consequence: "request return of product" / "exclude you from future programs" / "invoice for product value"]. Please communicate early if you need an extension.
Block 5: FTC Disclosure Requirements
FTC Disclosure & Legal Compliance
Material connection disclosure: [Choose based on your model:]
For Optional Posting: "If you choose to post about this gifted product, we recommend including a disclosure such as 'Gifted by @YourBrand' or '#gifted' to maintain transparency with your audience. While not legally required for truly optional gifts, disclosure is considered best practice."
For Mandatory Posting: "Because you received this product in exchange for creating content, FTC guidelines require you to clearly disclose this material connection. Your disclosure must be:"
- Clear and conspicuous: Use plain language like '#Ad', '#Sponsored', or 'Gifted by @YourBrand in exchange for this post'
- Visible without action: Don't hide disclosure in 'more' links or after multiple hashtags
- Platform-appropriate: For Stories/TikTok, use built-in paid partnership tools PLUS verbal/text disclosure
- Consistent: Include disclosure in the post itself, not just tags or comments
Approved disclosure language:
- Instagram/TikTok: "#Ad – Thank you @YourBrand for gifting this product"
- YouTube: "This video is sponsored by [Brand]. They sent me this product to try and share my honest thoughts."
- Blog: "Disclosure: [Brand] provided this product at no cost in exchange for my review. All opinions are my own."
Your responsibility: You are ultimately responsible for ensuring your content complies with FTC guidelines and platform-specific rules. If you have questions about proper disclosure, ask us before posting.
Reference: Full FTC guidelines available at FTC.gov Disclosures 101.
Block 6: Usage Rights & Content Licensing
Content Usage Rights
What we can do with your content (if you post):
By creating content that features [Brand Name] products and tagging/mentioning our brand, you grant us a [non-exclusive / exclusive] license to:
- Repost and share your content on our owned social media channels (Instagram, TikTok, Facebook, Pinterest, etc.)
- Feature your content on our website, blog, or email marketing
- Use your content in paid advertising on social platforms (includes boosted posts, paid ads) [if applicable]
- Edit content for length, format, or platform requirements (while maintaining your original message)
- Add our branding, captions, or calls-to-action when reposting
License duration: [60 days from post date / 90 days / 12 months / perpetual]
Attribution: We will always credit you by name/handle when using your content.
What we cannot do:
- Alter your content in ways that misrepresent your opinion or endorse claims you didn't make
- Use your image or likeness to imply endorsement of products you didn't review
- Sell or license your content to third parties without your written permission
Whitelisting/dark posting (if applicable): [If you plan to run ads from creator handles] "We may request permission to run ads using your handle/account (called 'whitelisting'). This is separate from organic reposting and requires your explicit written consent and separate agreement."
Opt-out: If you prefer we not use your content for any purpose beyond organic reposting, please notify us at [email] before posting.
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Block 7: Returns, Resale, and Product Restrictions
Returns, Resale & Restrictions
Product ownership: Once shipped, gifted products become your property. You are not required to return them.
Resale policy: [Choose one:]
Lenient: "You may resell or gift products to others after [X] days if they don't work for you. We only ask that you don't resell before posting required content (if applicable)."
Moderate: "Please do not resell gifted products for [X] days from receipt. After that period, products are yours to keep, gift, or resell as you choose."
Strict: "Gifted products are for personal use only and may not be resold, auctioned, or transferred to third parties for commercial purposes. Violation may result in exclusion from future programs and/or invoice for product value."
Returns:
- If the product doesn't work for you (wrong size, allergic reaction, etc.), contact us at [email]. We may request return for replacement or offer an alternative.
- You are not required to return products if you choose not to post (optional gifting model).
- For mandatory posting agreements, failure to deliver content may require product return or payment of product value.
Product safety & liability:
- Use products only as directed in included instructions
- Report any adverse reactions or safety concerns immediately to [email]
- [Brand Name] is not liable for injuries or damages resulting from misuse of gifted products
Confidentiality (if applicable): Some products may be pre-release or confidential. If you receive products marked "confidential" or "embargo until [date]," you agree not to post about or share images of these products before the specified date.
Block 8: Program Terms & Conditions
General Terms & Conditions
Agreement acceptance: By accepting gifted products from [Brand Name], you agree to all terms in this policy. If you do not agree, please decline the shipment or return products unused within [X] days.
Modification of terms: We reserve the right to modify this policy at any time. Changes will be communicated via email and apply to future shipments, not retroactively to products already received.
Program termination: We may terminate your participation in this program at any time if you violate these terms, engage in conduct harmful to our brand reputation, or for any reason at our discretion.
Tax reporting (for US creators): If the total retail value of products you receive in a calendar year exceeds $600, we are required to issue a 1099-NEC form for tax purposes. You are responsible for reporting this value as income.
No guarantee of future participation: Participation in this gifting program does not guarantee selection for future programs or paid partnerships.
Disputes: Any disputes arising from this agreement will be resolved under the laws of [Your State/Country]. Both parties agree to attempt good-faith resolution before pursuing legal action.
Questions: Contact [email address] with any questions about these terms.
Effective date: [Date]
Mandatory vs Optional Posting: Which Model to Choose
The biggest decision in your gifting policy is whether content is required or optional. Here's how to decide which model fits your goals.
Optional Gifting (Authentic Relationship Building)
Best for:
- Building long-term creator relationships without immediate ROI pressure
- Generating organic word-of-mouth and authentic reviews
- Testing products with creators before formal paid partnerships
- Brands with limited budgets who can't afford paid campaigns
- Products with high inherent shareability (unique, photogenic, problem-solving)
Pros:
- Lower pressure—creators post only if they genuinely love the product
- Content feels more authentic because posting is voluntary
- Easier FTC compliance (disclosure is recommended but not legally required)
- Lower administrative overhead—no deliverable tracking or approvals
- Builds goodwill that can lead to future paid partnerships
Cons:
- Unpredictable results—50-70% of creators may never post
- Can't control timing, messaging, or format
- Harder to measure ROI directly
- Some creators may accept products with no intention of posting
When to use optional gifting: You have a product that creates genuine wow moments, you're building a creator community for the long term, or you want authentic user-generated content (UGC) without the pressure of deadlines.
Mandatory Posting (Campaign-Driven Seeding)
Best for:
- Product launches with specific messaging and timing requirements
- Holiday campaigns with tight content windows (BFCM, Christmas)
- Performance-driven marketing where you need guaranteed content delivery
- Brands that need specific formats (unboxing videos, tutorials, comparisons)
- Testing creator performance before larger paid partnerships
Pros:
- Guaranteed content delivery (with contract enforcement)
- Control over timing, format, and key messaging
- Easier ROI measurement (you know exact investment and output)
- Can brief creators on campaign goals and must-have elements
- Creates portfolio of content you can repurpose
Cons:
- Feels more transactional—less authentic than optional gifting
- Requires FTC disclosure (must be marked as #Ad or equivalent)
- Higher administrative overhead (tracking deliverables, approvals, follow-ups)
- Risk of creators not delivering or producing low-effort content
- May need contracts or consequences for non-delivery
When to use mandatory posting: You have a specific campaign goal, you need content during a narrow window (BFCM week), or you're treating gifting as unpaid influencer marketing with deliverables.
The Hybrid Model (Optional with Incentives)
Some brands use a middle ground: gifting is optional, but creators who do post get priority for future paid partnerships or early access to new products. This maintains authenticity while creating soft incentives for posting.
Hybrid policy language: "Posting is optional—enjoy your gift with no strings attached. However, creators who actively engage with our products and share authentic content will be prioritized for future paid partnership opportunities and exclusive product launches."
This works well for brands building creator communities where repeat engagement matters more than one-time posts.
Decision Matrix: Which Model Fits Your Goals?
Your Primary Goal |
Recommended Model |
Key Policy Elements |
Generate specific content for BFCM campaign |
Mandatory |
Clear deliverables, due dates, approval process, consequences for non-delivery |
Build authentic brand awareness |
Optional |
Encourage posting, make it easy to share, no pressure or requirements |
Test product with creators before launch |
Optional with feedback request |
Ask for private feedback; posting optional but incentivized |
Create content library for ads/website |
Mandatory |
Broad usage rights, specific formats, high-quality standards |
Build long-term creator community |
Hybrid |
Optional posting, priority access for active participants |
How to Implement Your Gifting Policy
A policy is only useful if creators actually read and agree to it before receiving products. Here's how to integrate it into your workflow.
Step 1: Share Policy Before Shipping
Don't bury your policy in fine print after creators receive products. Send it clearly during the application or acceptance phase.
Email template for policy delivery:
Subject: You're In! [Brand] Holiday Creator Program Details
Hi [Creator Name],
Great news—you've been selected for our Holiday Creator Program! Here's what happens next:
📦 What you'll receive: [Product description] (valued at $XXX) shipped to your address by [date]
📋 Program terms: Please review our complete gifting policy here: [link to policy document or paste inline below]
✅ Confirm participation: Reply to this email with "I agree to the terms" to confirm your shipping address and acceptance. We'll ship within 2 business days of your confirmation.
❓ Questions? Reply to this email or reach out to [contact info].
We're excited to partner with you!
[Your Name]
[Brand Name] Creator Program
This creates a paper trail showing the creator agreed to terms before receiving product. Save their confirmation email.
Step 2: Include Policy Summary in Package
Even after email acceptance, include a printed one-page summary of key terms in the package itself. Creators are more likely to read physical materials when unboxing.
One-page insert template:
Thank You for Joining Our Holiday Creator Program!
Quick Reminders:
- [Posting is optional / Content due by [date]]
- If you post: [Required disclosure language]
- Tag us @[handle] so we can see and share your content
- Questions? Email [contact]
Full terms: [Short URL to policy document]
Enjoy your gift! 🎁
Step 3: Track Agreements and Deliverables
Use a simple spreadsheet to track who accepted terms and whether they delivered content (for mandatory programs).
Creator Name |
Handle |
Terms Accepted |
Ship Date |
Deliverable 1 |
Deliverable 2 |
Notes |
Jane Doe |
@janedoe |
10/15/25 |
10/18/25 |
✅ Posted 11/5 |
✅ Posted 11/8 |
Great content |
John Smith |
@johnsmith |
10/16/25 |
10/19/25 |
⏳ Due 11/15 |
⏳ Due 11/20 |
Sent reminder 11/10 |
For mandatory programs, set calendar reminders to follow up 3-5 days before content due dates.
Step 4: Handle Non-Delivery Professionally
If a creator doesn't deliver content by the due date (mandatory model), send a polite follow-up:
Subject: Quick Check-In: [Brand] Creator Program Content
Hi [Creator Name],
Just checking in—we noticed [deliverable] was due on [date] and haven't seen it live yet. We know the holidays are busy!
If you need an extension or ran into issues with the product, just let us know. We're happy to work with you on a revised timeline.
If you're unable to complete the deliverable, please reply by [date] so we can adjust our records accordingly.
Thanks!
[Your Name]
According to data from Later, 15-20% of creator partnerships require follow-ups or timeline adjustments during Q4. Build this into your workflow rather than treating it as an exception.
Step 5: Archive Content and Send Thank-Yous
When creators deliver (optional or mandatory), save their content immediately:
- Screenshot/download posts in case they delete later
- Save post URLs for tracking and reporting
- Document performance metrics (likes, comments, shares) after 7 days
- Send thank-you notes to creators who posted, especially strong content
Thank-you template:
Hi [Creator Name],
We saw your post about [product]—thank you for the beautiful content! Your [specific compliment] really showcased [product feature] perfectly.
We'd love to work with you again. Would you be open to a paid partnership in [timeframe]?
Thanks again!
[Your Name]
This turns one-time gifting into ongoing relationships.
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Frequently Asked Questions
Do creators have to post if I gift them a product?
No, unless you specify content is required upfront. If you send a product with no strings attached (optional gifting), creators have zero obligation to post. If you require posting in exchange for product (mandatory gifting), make this clear before shipping and get written agreement to terms. Without a clear agreement, you cannot force posting or request product return.
What's the difference between gifting and a paid partnership?
Gifting means sending product at no cost. Paid partnerships include product PLUS monetary compensation. For FTC purposes, both require disclosure if content is required in exchange. The key difference: paid partnerships usually involve contracts, higher deliverable expectations, and formal usage rights negotiations. Gifting (even mandatory) is typically more casual and lower-value.
How do I handle creators who ghost after receiving products?
For optional gifting, accept that 30-50% of creators won't post—build this into your budget. For mandatory gifting, follow up politely once via email. If they don't respond, note in your records and exclude from future programs. Requesting product return is usually not worth the hassle unless product value is very high ($500+). Focus your energy on creators who do deliver rather than chasing non-performers.
Can I stop creators from reselling gifted products?
You can include resale restrictions in your policy, but enforcement is difficult. Most brands use a time-based restriction ("do not resell for 60 days") as a deterrent. For high-value items, some brands require product return if not used as intended. Realistically, focus on selecting creators who genuinely want your products rather than those looking for free items to flip.
Do I need a formal contract for gifting programs?
For optional gifting, an email with policy terms and creator confirmation ("I agree") is sufficient. For mandatory gifting with high product values ($200+), usage rights, or whitelisting, consider a simple contract or formal agreement. Consult a lawyer if product value exceeds $500 per creator or if you're granting exclusive rights. For most holiday gifting programs ($50-150 product value), an email agreement is adequate.
What if a creator posts negative feedback about the gifted product?
You cannot require positive reviews—that violates FTC guidelines. If a creator genuinely dislikes your product, they're allowed to say so. For optional gifting, this is the risk you take. For mandatory gifting, your contract can require "honest review" language (not positive, just authentic). If a review is factually incorrect, you can politely reach out with corrections, but you cannot demand they remove honest negative content. Use negative feedback to improve products.
How long can I use content created from gifted products?
This depends on your policy's usage rights section. Standard terms: 60-90 days for organic reposting, 12 months if you specified paid advertising use. If your policy doesn't specify a duration, assume 60 days as industry standard. Always credit the creator when reposting. For longer-term use or paid ads, negotiate separate usage rights agreements with appropriate compensation.
Conclusion
A clear creator gifting policy protects both your brand and the creators you work with. It sets expectations before products ship, defines what's required (or not required), and prevents the awkward conversations that happen when terms are unclear.
Key takeaways: Decide whether your program is optional or mandatory posting before you reach out to creators. Share your policy clearly and get written agreement before shipping. Include policy summaries in packages. Track agreements and deliverables systematically. Follow up professionally with non-responders. Archive content and build ongoing relationships with strong performers.
The templates in this guide give you everything you need to create a professional gifting policy in under an hour. Customize the blocks that match your model (optional vs mandatory), add your brand details, and send to creators with clear instructions for acceptance.
Your next steps: Copy the relevant policy blocks above. Customize bracketed placeholders with your brand information. Save as a Google Doc or PDF. Share with your first batch of creators this week. Track agreements in a spreadsheet. After your holiday program, refine your policy based on what worked and what didn't.
For more resources on running creator campaigns during Q4: