By Josh Ledgard
If you’ve decided to run a contest, giveaway or sweepstakes you’ll also want to make sure everything is above-the-board (and prevent any legal issues). In order to do that in the U.S. you’ll want to have a basic understanding of the laws in your state and the United States in general.
We’ll start with some basics and then discuss the specific states below.
There are three different categories of giveaways and it’s important that you use the name of the type of giveaway in the right way to avoid misunderstanding that could result in a legal issue later on. Read our complete post on the types of giveaways are contests, sweepstakes, and raffles.
Here is a recap of the different giveaway types.
When running a giveaway, it’s important to know that lottery and gambling laws prohibit promoting any giveaway that has all three elements of prize, chance, and consideration. By U.S. rules, that is an illegal giveaway, and at least one of the three would have to be eliminated.
Federal anti-gambling laws apply to any giveaway or contest, especially if it’s conducted online. Overall, though, any contest or sweepstakes must declare the odds of winning, the date the winner will be selected, and other key details for transparency. Sweepstakes must not require a purchase to enter.
And don’t forget our Best Practices for Making Contests Legal and Transparent.
Some states have additional requirements or restrictions. If either your business or any of your entrants reside in these states, the following laws apply.
Any sweepstakes involving alcohol must be pre-approved by the state’s alcohol control board. If your contest does not involve alcohol then you must simply comply with the general U.S. giveaway laws outline above.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general U.S. promotion law. Be sure to consult your legal advisor and/or reach out to the state’s relevant department.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
There are three things to consider in Arizona beyond the standard U.S. promotion laws.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general U.S. promotion law.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
In California no sweepstakes or contest may require a purchase of any sort, including contest submission fees. Any sweepstakes or contest involving alcohol must not require entrants to visit a certain premise and must be open to all residents. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No sweepstakes or contest may require a purchase of any sort, including contest submission fees. For mail-in events, entrants must receive detailed disclosures, e.g. that they have not yet won, that purchase is not required and will not increase their odds of winning, the value of the prize(s), and the chance of winning. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Skill-based contests are permitted to require a submission fee on a case-by-case basis. Check with your the gaming department in the state to clarify if your contest is allowed to require a fee. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Prizes worth at least $5,000 must be bonded and registered 7 days prior to the sweepstakes’ opening date. The list of winners must be provided to anyone who requests it. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Any sweepstakes involving alcohol must be pre-approved by the state’s alcohol control board. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Any sweepstakes and contests open to minors may not collect health or personal information without consent from a parent or legal guardian. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No skill-based contest may require a purchase of any sort, including contest submission fees. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No sweepstakes or contest may include tobacco-related activities or prizes. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Sweepstakes must not require entrants to enter a store (assuming entrants haven’t otherwise visited the location to make a purchase or attend a sales presentation). Distributing entry forms solely in-store constitutes consideration. No sweepstakes or contest may include tobacco-related activities or prizes. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No sweepstakes or contest may require a purchase of any sort, including contest submission fees. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No sweepstakes or contest may require a purchase of any sort, including contest submission fees. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Prizes worth at least $5,000 must be bonded and registered 30 days prior to the sweepstakes’ opening date. The list of winners must be provided to anyone who requests it, as well as registered with the state. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No skills-based contest may require a purchase of any sort, including contest submission fees. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Sweepstakes must not require entrants to enter a store (assuming entrants haven’t otherwise visited the location to make a purchase or attend a sales presentation). Distributing entry forms solely in-store constitutes consideration. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Retail businesses running sweepstakes with a total prize pool worth more than $500 must register their campaign with the state. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Sweepstakes winners must not be required to accept publicity releases in perpetuity. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
No sweepstakes or contest may require a purchase of any sort, including contest submission fees. Those who request a list of sweepstakes winners must not be required to pay for postage. Any sweepstakes involving alcohol must be pre-approved by the state’s alcohol control board. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Entrants must not be required to visit a specific location in order to enter. No sweepstakes or contest may include tobacco-related activities or prizes. General U.S. promotion laws apply after that.
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
Contests and sweepstakes are subject to general promotion law. (Consult your legal advisor and/or reach out to the state’s relevant department.)
Learn more about general giveaway laws in the U.S. and get our free contest rules template!
We hope you found this article helpful. Remember, these are basic guidelines, and you should always consult with an attorney or other legal advisor when developing your contest or sweepstakes. It’s better to do your homework and ensure full compliance than to launch with potential legal issues lurking!
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