First, it helps to understand the difference between a sweepstakes, contest and lottery. In a sweepstakes, winners are chosen randomly from all participants. In a contest, the winners’ entries are usually judged and are based on a skill or criteria. In a lottery, winners are chosen at random, but in order to enter, the participant must pay. A payment is called a consideration. Only states can hold lotteries, so all private lotteries are illegal.
To avoid being classified as an illegal lottery in any state, your promotion can only have 2 of these 3 elements: prize, chance and consideration. Keep in mind, consideration can mean anything of value, including a fee or even a significant effort (i.e., time spent shooting/submitting a photo, etc.)
States determine if the promotion is a sweepstakes or a contest by either the:
Material Test Element: when reviewing if chance or skill prevails in a promotion combining elements of both, this test determines the promotion as a chance based promotion if chance is an essential or important (i.e., material) component in the selection of a winner, even if chance does not dominate the selection of the winner as in the Dominant Factor Doctrine used by other states.
Dominant Factor Doctrine: when reviewing if chance or skill prevails in a promotion combining elements of both, this test designates the promotion as a chance-based promotion if chance dominates the selection of the winner, even though skill or judgment may effect winner selection to some measure.
Besides federal considerations, every state has its own specifics laws regarding sweepstakes and contests.
You can't imply or say, "You won!" a contest or sweepstakes as a tactic to sell something by mail.
Contests: If the contest includes an element of consideration, the sponsor must award the contest prize based on skill and not chance.
Sweepstakes: are allowed as long as participants do not pay consideration. Alabama does not consider any of the following considerations:
Prize Promotion Laws - Alabama's Deceptive Sweepstakes Solicitation Law
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Source: Ala. Code 13A-12-20In Alaska, you'll need a state permit to run a game of chance (sweepstakes) or contest of skill (contest).
Contests: If the contest includes an element of consideration, the sponsor must award the contest prize based on skill and not chance.
Sweepstakes: are allowed as long as participants do not pay consideration.
Alaska Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
In Arizona, you must register your contest (not sweepstakes) with the attorney general's office. When registering, you'll also need to supply a sworn statement that no additional fee was added to the purchase prize in connection with the contest.
Contests: are allowed as long as they do not charge a consideration.
Sweepstakes: are allowed as long as participants do not pay consideration.
Arizona Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Uncertain
Like Alabama, Arkansas also frowns on implying that someone won a prize (or is a finalist or likely to win) as a tactic to sell a product or service or to make contact with prospects. The state also expects sweepstakes winners to claim any prize they've won within 30 days after the sweepstakes ends.
Contests: are allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws prize disclosures.
Sweepstakes: are allowed as long as participants do not pay consideration.
Prize Promotion Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
In California, you can't award alcohol as the only prize. Booze can be part of a prize package, however. The state also has other restrictions related to alcohol: you can't force entrants to buy alcoholic beverages as part of entry or force them to visit a liquor store, bar or licensed retailer as part of their entry or to get entry forms. Forms must be available elsewhere as well.
Contests: are allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws prize disclosures.
Sweepstakes: are allowed as long as participants do not pay consideration and the sponsor follows all Prize Promotion Laws prize disclosures.
Prize Promotion Laws - California -Contests
Prize Promotion Laws - California- Gifts as Sales Incentives
Prize Promotion Laws - California- Telemarketing
California Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Colorado wants all sweepstakes and contests to be free to enter, so you can't ask for a purchase, even if contest winners are selected based on skill.
Contests: are allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws prize disclosures.
Sweepstakes: are allowed as long as participants do not pay consideration and the sponsor follows all Colorado Consumer Protection Act laws.
Promotional Laws - Colorado Consumer Protection Act
Colorado Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Connecticut also wants sweepstakes and contests to be free to enter and free of consideration. If there’s any condition or restriction to receive a prize in the sweepstakes, you’re not allowed to advertise the promotion in the state. You also can’t advertise a contest where a prize is valued at $200 or more and where the participant has to pay an entry/judging fee or has to make a purchase to help them win.
Contests: are allowed as long as they do not charge a consideration. Contests charging consideration are restricted to less than $200 in Approximate Retail Value of prizes. Sponsors with purchase-to-enter contests are excluded.
Sweepstakes: are allowed as long as participants do not pay consideration.
Promotional Laws - Connecticut- Contests
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Delaware wants winner records kept longer. If your prize is valued at $25 or more, you must keep the winner’s name, address and description of their prize for 2 years after the promotion ends.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Promotional Laws - Delaware- Telemarketing
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
The District of Columbia allows sweepstakes and contests.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
District of Columbia Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Awarding a prize valued at more than $5,000? The state of Florida will expect you to bond and register your sweepstakes 7 days before it begins. After the sweeps ends, you’ll need to provide the names and addresses of all winners. If the prize includes travel, you must also register as a “Seller of Travel.”
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance. The sponsors may charge a consideration (payment to participate) but the prize cannot be composed solely of the participant’s entry fees.
Sweepstakes (or as FL calls them, Game Promotion): are allowed as long as the sponsor awards the prize based on chance. Sweepstakes offered in Florida whose prizes exceed $5,000 in Approximate Retail Value must be bonded and registered with the state.
Florida Registration, Bonding, and Operational Requirements for sweepstakes that exceed $5,000 in Approximate Retail Value of all prizes combined:
Promotional Laws - Florida- Telemarketing
Promotional Laws - Florida Free Gift Advertising Law
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
In Georgia, you can’t substitute the prize for one of equal or greater value. You also can’t ask entrants to participate in a seminar or sales presentation to win. (Think timeshares.)
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Promotional Laws - Georgia Fair Business Practices Act
Legal Review Criteria: uncertain, possibly Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Hawaii is another state that asks for a “Seller of Travel” registration if the prize includes travel. It also doesn’t allow promotions in which some or all of the prizes may not be awarded. If your prize includes real property (a home or condo, for example), you must file a bond of $10,000 or more, with requirements for naming the obligator and surety.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Telecommunications companies can’t combine a sweepstakes with any telecom offers in the state of Idaho.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Idaho Consumer Promotion Protections
If a company offers a gift as incentive for the consumer to attend the sales presentation or to telephone the seller, the seller must provide promotion and prize disclosures and abstain from acts that may mislead consumers.
Prize Promotion Laws - Idaho- Telemarketing
Legal Review Criteria: possible pure chance test when assessing whether or not chance determines the outcome of a promotion.
Illinois sweepstakes must be no purchase necessary. This means no payment to receive, use, compete for, or get written information about a prize.
Contests: Allowed as long as the sponsor awards the prize based on skill and not chance. Illinois Prizes and Gifts Act prohibits sponsors from charging a consideration (i.e., money) to participate in a contest.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Illinois Prizes and Gifts Act
Illinois Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Uncertain.
Indiana allows seminars or sales presentations as part of a sweepstakes, but they must be disclosed in at least 10-point boldface type on the first page of the notice or entry form.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Indiana Prizes and Gifts Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Iowa also has rules about seminars and sales presentations. They’re allowed as part of claiming a sweepstakes prize, but the presentation can’t begin until the sponsor tells the participant of the prize and actually awards it. Another requirement is a 'Sellers of Travel' registration if the prize includes travel.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Iowa Prizes and Gifts Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
The state of Kansas doesn’t allow electronic machines that claim to give you a chance to win a sweepstakes or that sell merchandise while also allowing you to play a game of chance that may deliver a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Kansas Unfair Trade and Consumer Protection Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Kentucky is similar to Kansas in forbidding any electronic machines that claim to give you a chance to win a sweepstakes or that sell merchandise while also allowing you to play a game of chance that may deliver a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Kentucky Unfair Trade Practices Laws
Prize Promotion Laws - Kentucky Unfair Trade Practices Laws - Telephone Solicitations
Legal Review Criteria: Uncertain
The state of Louisiana is very specific about winner notification. You must tell winners they’ve won using one of these methods: posting a printed list, instant-win scratch-off tickets/cards or pull-tab tickets/cards, in writing or by phone.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Louisiana Trade and Commerce Laws/p>
Prize Promotion Laws - Louisiana Telephone Solicitation Laws - Telemarketing
Legal Review Criteria: Uncertain.
Maine wants to ensure alcohol brand promotions are no purchase necessary. You can include your sweepstakes, game or contest inside alcoholic beverage packages, so long as participants don’t have to buy the beverage.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Maine Consumer Protection Laws - Transient Seller of Consumer Merchandise
Maine Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Uncertain.
Maryland also wants to ensure no purchase is necessary. In this state, a purchase can’t be required even if the contest winners are chosen based on skill.
Contests: Maryland places prohibitions on charging a consideration, however the applicability of the prohibition is unclear. Sponsors should exercise caution charging a consideration.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Maryland Consumer Protection Act - Prohibition On Consideration and Mandatory Purchases
Legal Review Criteria: Dominant Factor Doctrine or Material Element Test when assessing whether or not chance determines the outcome of a promotion.
The state of Massachusetts prohibits sweepstakes by tobacco or tobacco-related sponsors.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Massachusetts Attorney General message:
Massachusetts Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Michigan also prohibits tobacco-related sweepstakes. It also doesn't allow sweepstakes where the entrant must visit a store or retail site in order to enter.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Michigan Prize Notices and Solicitations
Michigan Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Minnesota promotions must let entrants know of any fees (shipping, handling, etc.) to enter or claim a prize with a notice in 10-point, bold face type on the prize listing: “You must pay $--- to receive this item.”
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Minnesota Prize Notices and Solicitations
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Mississippi doesn’t allow electronic machines that claim to give you a chance to win a sweepstakes or that sell merchandise while also allowing you to play a game of chance that may deliver a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Missouri is fine with promotions that ask participants to go to a seminar or sales presentation to claim a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine or Material Element Test when assessing whether or not chance determines the outcome of a promotion.
It may be difficult to have a contest recognized as such in Montana since the state recognizes 'any chance' in a promotion. Remember, a contest or sweepstakes can only have 2 of these 3 elements: prize, chance and/or consideration. Contests generally have prize and consideration (time and effort to submit an entry that will be judged based on skill). Most skill games have an element of chance, however, and courts here look at any chance that affects the outcome.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Montana- Raffles
Montana Cannabis or Marijuana Sweepstakes or Contest Laws
Prize Promotion Laws- Montana Telemarketing Registration and Fraud Prevention Act
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Promotions here must be “no purchase necessary,” even if contest winners are selected based on skill.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes (or as known in NE, gift enterprises): are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Nebraska Prize Promotions Act
Prize Promotion Laws- Nebraska Telemarketing and Prize Promotions Act
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Nevada is another state where a 'Sellers of Travel' registration is needed if the prize includes travel.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Nevada Deceptive Trade Practice Laws
Prize Promotion Laws- Nevada Deceptive Trade Practice Laws- Telemarketing
Nevada Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
New Hampshire says prizes or gifts must be delivered free of charge within 10 days of announcement.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- New Hampshire Trade and Commerce Laws
Legal Review Criteria: Uncertain.
In New Jersey, prizes or gifts must be delivered free of charge within 15 days of announcement.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- New Jersey Unfair Business Practices Laws
New Jersey Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
New Mexico says if a purchase is needed to enter a sweepstakes or contest, the sponsor must also offer an alternate method of entry at no charge.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- New Mexico Consumer Protection Regulations – Game Promotion Rule
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Like Florida, New York also requires that you bond and register any sweepstakes where the prize is worth $5,000 or more. This must be done 30 days before the start date. Winners’ names and addresses must also be provided afterwards.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- New York Prize Award Schemes
Prize Promotion Laws- New York Telemarketing and Consumer Fraud and Abuse Prevention Act.
New York Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
The state of North Carolina forbids electronic machines and devices for sweepstakes.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- North Carolina Consumer Protection and Prize Promotion Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
In North Dakota, sponsors can’t require a purchase, even if the contest winners are selected based on skill.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- North Dakota Sports Amusement Laws
Legal Review Criteria: Uncertain.
Ohio allows machines or sweepstakes terminal devices, as long as they’re registered and certified annually by the attorney general’s office.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Ohio Anti-Gambling Laws
In 2013, in an effort to combat by internet cafes, Ohio changed its views on what is seen as a consideration:
Prize Promotion Laws- Ohio Prize Promotion Protection - Telephone Solicitor Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
If your promotion involves free and paid entries, the state of Oklahoma says free entries must be drawn from the same pool and in the same way. In other words, there must be an equal chance to win for all.
In other words: all entries, free or based on purchases, must be combined into one list and winner drawing must be from that one combined list.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Oklahoma Consumer Disclosure of Prizes and Gifts Act
Prize Promotion Laws- Oklahoma Commercial Telephone Solicitation Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Oregon doesn’t want you to tell entrants they’re finalists or likely to win if more than 25% of people receiving your notice or solicitation have the same chance of winning.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Oregon Administrative Rules
Prize Promotion Laws- Oregon Administrative Rules- Telemarketing
Oregon Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Pennsylvania restricts contest prizes. The total value of all prizes for a contest can’t be more than $1,000 and the total value of all prizes awarded in any 7-day period is limited to $25,000. Alcoholic beverages also can’t be part of a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Pennsylvania Telemarketer Registration Act
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Rhode Island is among the states where you must register certain sweepstakes. If the prize is offered through a retailer and is valued at more than $500, you must register with the state. Registration is also needed if entry involves visiting the store to fill out a ballot or make a purchase.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Rhode Island Prizes and Gifts Act
Prize Promotion Laws- Rhode Island Prizes and Gift Act- Telemarketing
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Awarding prizes in South Carolina must be done within 10 days of the announcement and at no expense to the winner. Winners also can’t be asked to attend a seminar or sales presentation to claim a prize.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- South Carolina Prizes and Gift Act
Prize Promotion Laws- South Carolina Prizes and Gift Act - Telemarketing
Legal Review Criteria: Uncertain.
No purchase can be necessary in the state of South Dakota. A solicitor or sponsor can’t accept payment from an individual or winner in any form.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- South Dakota Codified Laws
South Dakota Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Tennessee is the only state that restricts publicity releases. Here, you can’t ask sweepstakes winners to sign away publicity rights “in perpetuity.” Sweepstakes by alcohol brands are also restricted somewhat in that residents can’t enter them online (due to policy, not state law), but may enter them if entries were delivered by mail.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Tennessee Consumer Protection Act
Legal Review Criteria: Uncertain.
If you’re giving away a prize worth more than $50,000 in Texas, you can’t give automatic entries with each purchase.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Texas Contest and Gift Giveaway Act
Prize Promotion Laws - Texas Business and Commerce Code - Telemarketing
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
If awarding a prize in Utah, the winner must claim it within 30 days after the sweepstakes ends.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Utah Notices Regulation Act
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
In 2013, Vermont amended its Commerce and Trade Laws to allow sponsors to charge an entry fee, a service charge, require purchase or similar consideration for entering into a game of skill (i.e. contest) or other promotion not based on chance.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Tobacco-related sweepstakes are not allowed in Virginia.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Virginia Prizes and Gift Act
Virginia Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Washington does not view entering sweepstakes via entry form, survey, phone, stamped self-addressed envelope or visiting a retail location as consideration.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Washington Prize Notice Promotion Laws
Washington Cannabis or Marijuana Sweepstakes or Contest Laws
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Running a bottle cap promotion in West Virginia? The state wants you to provide free bottle caps to retailers as a way to offer free method of entry.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - West Virginia Prizes and Gifts Act
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
The state of Wisconsin also wants sponsors to offer free entry and ask you to provide retailers with enough entry forms or game pieces to allow free participation by customers.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws - Wisconsin Prize Notices
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Wyoming holds laws regarding prize awards. If for some reason the prize offered is not available, you must provide: another prize you’ve listed of equal or greater value, the prize value in cash, check, voucher or certificate, or evidence that the prize will be shipped within 30 days at no cost.
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Prize Promotion Laws- Wyoming Promotional Advertising of Prizes
Legal Review Criteria: Uncertain.
State | Sweepstakes Allowed | Contests Allowed | Social Media Sweepstkes Allowed* | Text to Win Sweepstakes Allowed | Cannabis Sweepstakes Allowed | Intant Win Games |
---|---|---|---|---|---|---|
Alabama | Yes | Yes | Yes* | Yes | No | Yes |
Alaska | Yes | Yes | Yes* | Yes | Yes | Yes |
Arizona | Yes | Yes | Yes* | Yes | Yes | Yes |
Arkansas | Yes | Yes | Yes* | Yes | No | Yes |
California | Yes | Yes | Yes* | Yes | Yes | Yes |
Colorado | Yes | Yes | Yes* | Yes | Yes | Yes |
Connecticut | Yes | Yes | Yes* | Yes | Yes | Yes |
Delaware | Yes | Yes | Yes* | Yes | No | Yes |
District of Columbia | Yes | Yes | Yes* | Yes | Yes | Yes |
Florida | Yes | Yes | Yes* | Yes | No | Yes |
Georgia | Yes | Yes | Yes* | Yes | No | Yes |
Hawaii | Yes | Yes | Yes* | Yes | No | Yes |
Idaho | Yes | Yes | Yes* | Yes | No | Yes |
Illinois | Yes | Yes | Yes* | Yes | Yes | Yes |
Indiana | Yes | Yes | Yes* | Yes | No | Yes |
Iowa | Yes | Yes | Yes* | Yes | No | Yes |
Kansas | Yes | Yes | Yes* | Yes | No | Yes |
Kentucky | Yes | Yes | Yes* | Yes | No | Yes |
Louisiana | Yes | Yes | Yes* | Yes | No | Yes |
Maine | Yes | Yes | Yes* | Yes | Yes | Yes |
Maryland | Yes | Yes | Yes* | Yes | Yes | Yes |
Massachusetts | Yes | Yes | Yes* | Yes | Yes | Yes |
Michigan | Yes | Yes | Yes* | Yes | Yes | Yes |
Minnesota | Yes | Yes | Yes* | Yes | No | Yes |
Mississippi | Yes | Yes | Yes* | Yes | No | Yes |
Missouri | Yes | Yes | Yes* | Yes | Yes | Yes |
Montana | Yes | Yes | Yes* | Yes | Yes | Yes |
Nebraska | Yes | Yes | Yes* | Yes | No | Yes |
Nevada | Yes | Yes | Yes* | Yes | Yes | Yes |
New Hampshire | Yes | Yes | Yes* | Yes | No | Yes |
New Jersey | Yes | Yes | Yes* | Yes | Yes | Yes |
New Mexico | Yes | Yes | Yes* | Yes | Yes | Yes |
New York | Yes | Yes | Yes* | Yes | Yes | Yes |
North Carolina | Yes | Yes | Yes* | Yes | No | Yes |
North Dakota | Yes | Yes | Yes* | Yes | No | Yes |
Ohio | Yes | Yes | Yes* | Yes | No | Yes |
Oklahoma | Yes | Yes | Yes* | Yes | No | Yes |
Oregon | Yes | Yes | Yes* | Yes | Yes | Yes |
Pennsylvania | Yes | Yes | Yes* | Yes | No | Yes |
Rhode Island | Yes | Yes | Yes* | Yes | Yes | Yes |
South Carolina | Yes | Yes | Yes* | Yes | No | Yes |
South Dakota | Yes | Yes | Yes* | Yes | Yes | Yes |
Tennessee | Yes | Yes | Yes* | Yes | No | Yes |
Texas | Yes | Yes | Yes* | Yes | No | Yes |
Utah | Yes | Yes | Yes* | Yes | No | Yes |
Vermont | Yes | Yes | Yes* | Yes | Yes | Yes |
Virginia | Yes | Yes | Yes* | Yes | Yes | Yes |
Washington | Yes | Yes | Yes* | Yes | Yes | Yes |
West Virginia | Yes | Yes | Yes* | Yes | No | Yes |
Wisconsin | Yes | Yes | Yes* | Yes | No | Yes |
Wyoming | Yes | Yes | Yes* | Yes | No | Yes |
* Must observe social media platform promotion guidelines.
Note: the information above is for informational purposes only and should not be construed as legal advice. Sweepstakes and Contest promotional laws change and the above may not reflect the must current laws.