You Might Be a Winner
        A blog from the attorneys of Verrill

        Age Doesn’t Matter Except When it Does

        by Robert Laplaca on September 5, 2017

        Marx once remarked, “Age is not a particularly interesting subject. Anyone can get old. All you have to do is live long enough.” Well, thanks Groucho, for that word of advice, but let’s look anyway into the importance of age in sweepstakes.

        Minimum Ages

        13 or older:

        If the promotion is online and is directed to a child or will collect information from a child, it needs to be 13 or older, unless you want to comply with the requirements of the Children’s Online Privacy Protection Act (COPPA).

        18 or older:

        This is the standard. But why is 18 the magic number? Because a person needs to be at least 18 to enter into a binding contract – which would include Official Rules, affidavits of eligibility, prize releases, publicity releases.

        19/21 or older:

        If your license plate says “Heart of Dixie” (Alabama), you gotta be 19.
        Cornhuskers (Nebraska) must also be 19.
        If you’re going down to Jackson (Mississippi), you better be 21.
        If someone ever decides to open a sweepstakes to those in Puerto Rico, make sure they’re 21.

        However, 18 is NOT a magic number for certain promotions and prizes:

        Alcohol – 21 or older
        Tobacco – 21 or older
        Firearms – 21 or older

        And if your prize includes a car rental or a hotel check-in, the prize supplier may want winners at least 25 (cars) or 21 (hotels).

        Maximum Age

        You don’t usually see a maximum age. Typically, the eligibility requirements are “… or older.” But, with due respect to those who know more about a heating pad than an iPad, some thought may need to go into whether a maximum age makes sense for some promotions.

        The Physical Contests

        Scavenger hunts, feats of strength, athletic games, etc. A good rule of thumb: Jack LaLanne is probably more the exception than the rule.

        Exhausting Trip Prizes

        Scale the Matterhorn, ski down Mt. Everest, run with the bulls, etc. You don’t want to pray that your liability release is stronger than your prize winner.

        Just the Wrong Type of Entrant/Winner

        Free diapers for life (not funny), college tuition, Green Day concert tickets, backstage with the cast of Liv and Maddie, etc. These types of prizes are just asking to be transferred to someone else.

        The point isn’t to punish senior adults. But there’s no need to encourage the maxim “I intend to live forever, or die trying.” (You gotta love Groucho!)

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...