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.)
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.
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.