​

 

“No Purchase Necessary

“Void where prohibited”

Details regarding non-monetary consideration

 

• The identity of the host/promoter

 

• Entry procedures and beginning/ending dates, including time and time zone

 

• Eligibility requirements

 

• An explanation of all methods of entry

 

• A clear description of the prize(s); certain states have stricter regulations (see examples at the end of this document)

 

• Date winner(s) will be chosen and notified

 

• Judging criteria must be clear and sponsor should be able to show how the winner was determined based on objective criteria

 

• Method of selecting a winner (to avoid any appearance of impropriety, it is recommended that sponsors avoid conducting their own drawings or determining the winners of their own contests)

 

• Publicity rights regarding use of Winner’s information (Sponsor should obtain written consent from Entrant to ensure compliance with state laws)

 

• Publicity rights regarding use of Participant’s information (Sponsor should obtain written consent from Entrant to ensure compliance with state laws)

 

• Liability limitations

 

• Odds of winning

 

• Physical address, not a PO Box

 

• Contest/Sweepstakes sponsors must be careful about advertising prizes by using the brand name of a prize without the consent from the trademark owner in the title. For example, if you are giving away an Apple iPod, the contest name cannot say “Apple” or “iPod” unless Apple was a cosponsor of the promotion or gave consent in the contest title. However, they can list the item in the official rules as part of the prize list.

 

• If the prize winner is subject to U.S. taxes, the host is required to send the winner a 1099 in January of the following year.

 

• It is recommended that records for the promotional campaign should be maintained for 2 years.

 

State Exceptions

Many states in the U.S. individually regulate promotional campaigns, especially when prizes include alcohol, tobacco, or firearms. It is important to know that promotional campaigns are governed by the laws and regulations of the state in which the contestant lives.  As you write your contest rules, take note that individual states have individual considerations. For instance, below you will find a list of some state-by-state examples.