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Not Just a Game: Legal Considerations for Social Media Contests and Sweepstakes
Contests and sweepstakes can improve customer engagement and create leads, but doing it right is essential.
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Table of Contents
People love contests, with the twin motivators of fun and prizes. So it’s only natural that businesses use social media marketing tactics like running contests and sweepstakes to attract and engage potential customers. However, it’s crucial to be informed about the legal considerations involved with social media contests and giveaways, so you don’t unwittingly run afoul of the law.
We’ll explain the laws surrounding social media games and contests and share tips for running social media giveaways that bring positive attention to your brand.
What is a giveaway, sweepstakes or contest?
Before incorporating contests and sweepstakes into your marketing plan, understanding various game types is crucial:
Lotteries: Lotteries are defined by having prizes, consideration (payment) and a “chance” to win, e.g., buying a ticket in hopes of winning millions in a state-run lottery. You can’t run an actual lottery as a social media game. These events are regulated heavily and reserved for state governments. Lotteries combine all three elements: payment, chance and prizes, making them illegal for businesses to operate.
Sweepstakes: Like lotteries, sweepstakes are games in which people enter to win a prize. Winners are chosen randomly. Unlike lotteries, sweepstakes participants can enter for free. Sweepstakes are games of pure chance where winners are selected randomly from all eligible entries.
Contests: Unlike lotteries and sweepstakes ― games of chance ― a contest awards prizes based on skill or merit, such as art contests, cookoffs or trivia contests. Because the element of chance is eliminated, companies can require consideration for entry into a contest (although some state laws prohibit this). However, even though entry requirements are somewhat relaxed when prizes are earned, not awarded, contests must also be administered within the confines of the law. Contests require participants to demonstrate skill, creativity or knowledge to win.
The key legal distinction is that removing any one of the three lottery elements (payment, chance or prize) makes a promotion legal for businesses to operate.
Social media games can help heighten buzz around your brand or product launch, generate sales leads and increase sales. However, business owners and marketing managers must familiarize themselves with the rules and regulations surrounding them. Every legitimate sweepstakes or contest must include these fundamental legal requirements:
No purchase necessary: Federal law requires that sweepstakes be free to enter. Any requirement for purchase or payment transforms the promotion into an illegal lottery.
Clear eligibility criteria: You must specify who can and cannot participate, including age restrictions, geographic limitations and employee exclusions.
Defined timelines: You must clearly state entry periods, winner selection dates and prize fulfillment deadlines.
Complete terms disclosure: By law in the U.S., you must list general rules, fine print and “terms and conditions” for your contests or sweepstakes. You could include details like “no purchase necessary,” the date when the winner will be chosen and notified, eligibility requirements and more.
“The absolute worst thing a company could do is assume there is no need for the fine print,” Mark Voronov, co-founder and CEO of SocialPlug, told us. “You may be shocked at the number of campaigns that are suspended due to not completely laying out and spelling out guidelines for eligibility, along with any prize tax details that might need to be included.” In certain states, like New York, you might be required to send your winner a 1099 the following January for taxes on the reward.
Alternative methods of entry (AMOE) explained
A free alternative method of entry (AMOE) is typically required for sweepstakes to avoid creating an illegal lottery. Many companies want to run sweepstakes for their current customers, so they give away an entry ticket with a purchase. However, since money is exchanged, there is consideration, which causes a problem. A popular way to circumvent the problem is giving people a free alternative way to enter with no purchase required.
Under most state laws, creating a free entry alternative makes the sweepstakes legal. Take McDonald’s. It can give away its McDonald’s Monopoly tickets to paying customers ― consideration ― because it also offers an alternative free method to enter the sweepstakes.
Common AMOE examples include:
Mail-in entries with hand-written information
Online form submissions without purchase
Phone-in entries during specified hours
In-store visits to complete entry forms
The AMOE must be equally accessible and not more burdensome than the primary entry method. Make entering your sweepstakes easy to avoid running into this problem, as money isn’t the only form of consideration. If a customer must put excessive effort into entering the sweepstakes, the work and time they put into the submission can turn into consideration.
State-specific sweepstakes rules you can’t ignore
Complicating matters more is the fact that each state has its own set of laws governing promotions and each law is different.
Florida, New York and Rhode Island require sweepstakes offering prizes over a specific value to be registered. Similar laws also apply to contests, especially if a purchase is required to enter. Arizona requires the company to register the contest with the attorney general’s office, including a sworn statement that no additional fee was added to the purchase price in connection to the contest.
Key state requirements include:
Registration and bonding requirements for high-value prizes
Specific disclosure language mandated by certain states
Filing fees and administrative paperwork
Ongoing compliance monitoring and reporting
Moreover, the official rules of the sweepstakes or contest must fully disclose information about the prize offerings, method of entry and selection of winners. These are samples of what may be required, so a company must always check the applicable state’s laws before engaging in a promotion.
Tip
Hire a business lawyer if you have any questions about your promotional event's legality.
Creating legally compliant rules for your giveaway
When it comes to contests and sweepstakes, businesses must clearly:
Explain what the prizes are
Announce the opening and closing dates for entries
Disclose how winners will be selected
Announce when prizes will be given out
Contact all winners
Actually give winners the prizes they are promised
All of these steps (except for the awarding of prizes) must be set up when the game is initially launched and the information must be available during the contest’s entire duration.
Essential rule components include:
Liability limitations and indemnification clauses
Tax responsibility disclosures
Prize substitution rights
Disqualification conditions
Data collection and privacy statements
Failing to follow these rules can quickly backfire – as one Florida Hooters restaurant learned the hard way. In an effort to increase beer sales, the business ran a contest among its servers in which it promised the winner a new “Toyota.” However, on prize day, the employee was blindfolded, escorted to the restaurant parking lot and given a “toy Yoda.”
Unsurprisingly, the winner was unhappy. The worker quit and filed suit against the company to get the promised Toyota, alleging breach of contract and fraudulent misrepresentation. The server won, and Hooters purchased the former employee a new Toyota.
While this is an extreme example, it provides a cautionary tale demonstrating the importance of planning a contest before jumping in head-first with a giveaway. “Just avoid deception in any form,” Voronov said. “Don’t claim [a] $5,000 gift card as money that will change someone’s life unless that truly is what you are trying to claim.”
Did You Know?
The most popular giveaway items for promotional products include branded food, stress balls, lip balm and reusable water bottles.
Common mistakes to avoid in sweepstakes compliance
These compliance pitfalls can result in legal action, fines or forced contest cancellation:
Creating illegal lotteries
Ensure you don’t run an illegal lottery. Lotteries are games reserved for state governments to raise money for public initiatives like education. They’re considered a type of gambling. As such, they’re regulated heavily to help rein in gambling addictions and the devastating societal issues they cause. For these reasons, nongovernmental entities, including private businesses, can’t hold lotteries. To avoid an illegal lottery and run a legal contest or sweepstakes, a company generally must eliminate one of the three lottery elements (prize, consideration and chance). For example, a lawful sweepstakes typically will involve a chance to win a prize but doesn’t require consideration to enter.
Omitting AMOE requirements
Many businesses make the mistake of requiring a purchase for all entry methods without offering an alternative free entry option. This automatically transforms what should be a legal sweepstakes into an illegal lottery. Even if the AMOE is included, making it unnecessarily difficult or more burdensome than the purchase method can still create legal problems. The alternative entry method must be equally accessible and prominently disclosed in your official rules.
Ignoring state registration requirements
States like Florida, New York and Rhode Island have specific registration and bonding requirements for sweepstakes with prizes above certain thresholds. Failing to register can result in hefty fines and legal action from state attorneys general. Some businesses assume they only need to comply with laws in their home state, but they must actually follow the rules of every state where participants can enter. This oversight can lead to expensive legal battles and damaged reputations.
Platform rule violations
Abide by platform-specific rules for your contest or sweepstakes. Online legal complexities are not your only consideration. Most social media platforms, including Facebook and X (formerly Twitter), have specific guidelines in their terms of use that you must follow when conducting a promotion.
Typically, social platforms require acknowledgment that they don’t endorse, promote or administer the promotion. Specific platforms have their own rules, as well. For example:
Facebook requires that all promotions be run through specific pages or apps, not on personal pages.
X requires contests to discourage participants from creating multiple accounts and posting the same tweets repeatedly.
A business that ignores the rules or fails to abide by them could find its promotion suspended or, worse, its entire social media account deactivated.
If navigating various platform-specific rules sounds arduous, especially when running a promotion online is so easy ― that’s because it is. Despite low barriers to entry, the risks are real. However, while thoroughly vetting the legality of a contest or sweepstakes may seem costly, it’s usually worth it when you reap the rewards of increased online brand awareness.
FYI
Use your Instagram business account to hold social media contests to draw attention to your brand, add followers and gain customers.
Inadequate prize descriptions
Ambiguous language about prizes can create serious legal exposure, as demonstrated by the infamous Hooters “toy Yoda” case. Businesses must provide exact specifications, including model numbers, retail values and any limitations or restrictions. Failing to deliver prizes exactly as described can result in breach of contract lawsuits and consumer fraud allegations. Always be specific about what winners will actually receive, including any taxes they may be responsible for paying.
Missing tax compliance
The IRS requires businesses to issue 1099 forms for prizes valued at $600 or more, and some states have even lower thresholds. Many companies forget to collect winners’ tax identification information or fail to report prize distributions properly. This can result in penalties from tax authorities and angry winners who receive unexpected tax bills. Establish clear procedures for tax documentation before launching any promotion with valuable prizes.
Reference table: giveaway and sweepstakes legal checklist
Use this checklist to ensure compliance before launching your promotion:
Requirement
Sweepstakes
Contest
Action Required
No Purchase Necessary
Required
Optional*
Include AMOE if purchase involved
Official Rules
Required
Required
Draft comprehensive terms
Eligibility Criteria
Required
Required
Define age, location, employee restrictions
State Registration
If high-value
If high-value
Check FL, NY, RI requirements
Platform Compliance
Required
Required
Follow social media platform rules
Winner Selection Method
Random
Merit-based
Document selection process
Tax Documentation
If applicable
If applicable
Prepare 1099 forms for valuable prizes
Liability Protection
Required
Required
Include limitation clauses
*Some states prohibit consideration even for skill-based contests
Tips for hosting social media contests and sweepstakes
Online promotions are a digital marketing trend that shows no signs of slowing down. Consider the following social media contest best practices to make your online game successful.
1. Determine the goal of your contest or sweepstakes.
Contests and sweepstakes can benefit your company in the following ways:
Increase brand awareness
Generate more web traffic
Improve engagement with social followers and customers
Attract new social followers
Boost sales
Inspire new product ideas
Before creating your game, determine which of these goals is most important. Next, focus the game on achieving that goal. Here are some examples:
Contests that increase sales: For example, if you want to increase sales, consider running a contest asking current customers to send in videos of them using your product creatively. This user-generated content will show prospective customers your product’s versatility. These videos act as testimonials, leading to more conversions.
Contests that increase brand awareness: To increase brand awareness, consider running a sweepstakes that awards a prize related to your products and your target market’s needs. For example, a high-end travel company could hold a sweepstakes in which the prize is a seven-day stay at a villa in the Greek Isles with an on-site butler.
Did You Know?
Using a social media contest to run giveaways of excess inventory items will recoup money while placing your products in customers' hands.
2. Narrow your target audience.
To get the most relevant entries, it helps to identify your target audience. What are their demographic and psychographic characteristics? How can you best reach them and what types of messages will appeal to them? For clues, go through your customer data and website analytics.
“Hosting a successful contest starts with understanding your audience,” Voronov said. “Design your campaign with your audience in mind. Use good graphics, clear instructions and time-limited calls to action.”
3. Choose the right social media platform.
Based on your target customer analysis, one or several social media platforms will emerge as the best place to launch and run your contest. For example, if you target older professionals, consider using LinkedIn or Facebook. If your brand targets Gen Zers or millennials, Snapchat, Instagram or TikTok may be a better choice.
4. Decide what type of promotional game you want to run.
Do you want to run a sweepstakes or a contest? Your goal will help inform your decision. Here are some characteristics of each to help you determine the best game for your brand:
Sweepstakes: Sweepstakes tend to be more general. They attract a wider audience because they’re free. They also take some effort to participate in. Sweepstakes are suitable for increasing brand awareness, gaining social followers and boosting web traffic.
Contests: Consider a contest if you want to address people further down in your sales funnel, such as social media followers, prospects and current customers. A contest will help you focus on increasing engagement and sales within those groups.
You must also consider your budget and secondary goals. For example, a photo or video contest showing people using your product will increase sales and create user-generated content for future marketing campaigns.
5. Choose your prize and game rules.
Rules will help you keep the game fair for all entrants and protect you from people trying to work the system. Your rules will spell out the length of the contest or sweepstakes, its opening and closing dates and the prize award day.
The prize should be something related to your brand. It must be compelling enough to motivate people to enter the game. When it comes to sweepstakes, the prize must be impressive enough to create buzz and publicity that will increase the time your sweepstakes is actively discussed, boosting your digital marketing return on investment.
6. Actively promote your game.
Even if you hold a social media game, be sure to promote it through other channels. Consider an email marketing campaign, influencer marketing with social media stars, in-store signage and website promotions. “After the contest is underway, stay engaged,” Voronov said. “Monitor submissions, answer questions promptly and keep entrants on their toes with updates. Experiment with new formats, review performance metrics and tweak strategies based on what performs best.”
Consider offering incentives for people to refer others to your game, such as discounts or additional entries. The more people who discover your game, the more consumers are likely to hear about your company and products, visit your website, follow you on social media and, ultimately, buy from you.
FYI
To get influencers to market your game or contest, find influencers popular in your niche, build a relationship with them and create exclusive content for them to promote.
7. Make the most of your winner announcement.
The announcement of your contest or sweepstakes winner should not be a private affair where you contact the winner directly. In addition to contacting the winner to let them know they won, use this fun news to increase engagement on social media platforms and your website. Send the news via email and craft a press release. If possible, capture photos and videos of the winner receiving or using the prize. This material will keep the excitement going and extend the life of your promotion.
The only way to know if your contest or sweepstakes was successful is by crunching the numbers through a marketing analysis. Did you achieve your primary and secondary goals? Did you realize other positive benefits from the game’s promotion?
In addition to key performance indicators (KPIs) like website traffic, new social followers and revenue increases, analyzing and using customer feedback is essential. Gather the following survey data:
Did participants have fun?
How do they perceive your brand now?
Did they feel the contest was fair?
What ideas do they have to improve future contests or sweepstakes?
These answers will help you enact changes to make your next contest or sweepstakes even more successful.
FAQs on giveaway and sweepstakes legalities
No, requiring purchase for sweepstakes entry is illegal under federal law as it creates an illegal lottery. You must provide a free alternative method of entry. For skill-based contests, some states allow purchase requirements, but many prohibit it entirely.
No, only certain states require registration. Florida, New York and Rhode Island mandate registration for sweepstakes with prizes exceeding specific values. However, you must comply with the laws of every state where participants can enter.
Alternative method of entry (AMOE) is a free way for people to participate without making a purchase. It's required by federal law to prevent sweepstakes from becoming illegal lotteries. The AMOE must be equally accessible and not more burdensome than the purchase method.
Ignoring compliance rules can result in lawsuits, regulatory fines, forced contest cancellation and criminal charges in severe cases. Companies may face consumer fraud allegations, FTC enforcement actions and state attorney general investigations. Social media platforms may also suspend accounts for rule violations.
Sammi Caramela and Daliah Saper contributed to this article. Source interviews were conducted for a previous version of this article.
Jennifer Dublino is an experienced entrepreneur and astute marketing strategist. With over three decades of industry experience, she has been a guiding force for many businesses, offering invaluable expertise in market research, strategic planning, budget allocation, lead generation and beyond. Earlier in her career, Dublino established, nurtured and successfully sold her own marketing firm.
At business.com, Dublino covers customer retention and relationships, pricing strategies and business growth.
Dublino, who has a bachelor's degree in business administration and an MBA in marketing and finance, also served as the chief operating officer of the Scent Marketing Institute, showcasing her ability to navigate diverse sectors within the marketing landscape. Over the years, Dublino has amassed a comprehensive understanding of business operations across a wide array of areas, ranging from credit card processing to compensation management. Her insights and expertise have earned her recognition, with her contributions quoted in reputable publications such as Reuters, Adweek, AdAge and others.