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

        Some Common Sweepstakes and Contests Questions Answered

        by Robert Laplaca on June 7, 2017

        Our teachers have told us that there’s no such thing as a bad question. In that light, I’ve come up with 11 common (simple) questions about running a sweepstakes or contest. And to prove that there are no bad questions, I’ve also gone ahead and answered them. Enjoy!

        Social media

        Q: Can we require an entrant to share the sweepstakes on a friend’s Facebook timeline to get additional entries?

        A: No. Stay away from personal timelines on Facebook.

        Practice tip: You can ask an entrant to share the sweepstakes link with a friend to allow the friend to enter separately.

        Q: Can we ask an entrant to tweet, retweet, follow a Twitter user, or post an update?

        A: Yes. Twitter is very promotion-friendly.

        Practice tip: You should tell entrants to include your @username along with the relevant hashtag and to have their settings on public so you can track them. But don’t ask entrants to tweet more than once per day – Twitter’s nice, but don’t push it.

        Q: Can we direct message the winners?

        A: Yes. It may be the most practical way to get their information for prize fulfillment.

        Practice tip: Be sure to let winners know in the Official Rules that they will be receiving a direct message if they win.

        Winner selection

        Q: Can we pick winners from certain geographic areas so that our prize pool is spread across the country?

        A: No. Random draws must be random and skill contests must be based on skill.

        Practice tip: You can have a geographic range of winners if you create separate entry pools in the Official Rules and you can then pick winners from each of these pools. For example, Pool A could be the Northeast States, Pool B the Southern States, etc.

        Q: Do I have to try to contact potential winners a certain number of times before going to an alternate winner?

        A: 3 strikes you’re out is for baseball. The key is to be reasonable. If you’re giving away tickets to a game scheduled for the next day, a quicker response is reasonable. If you’re giving away a $2 mug, you may want to give the potential winner a little more time.

        Practice tip: Tell entrants in the Official Rules how long they have to respond to a winner notification, especially if there is a tight deadline for the prize award. And, at the very least, in your “congratulations” letter/email to the potential winner, let them know the exact date they need to respond.

        Q: Do I need validation paperwork (affidavits of eligibility, prize releases, etc.)?

        A: No.

        Practice tip: For any prize over a minimal retail value, you should have the winner sign a standard affidavit of eligibility, prize release, and publicity release. Note: publicity releases cannot be required from residents of Tennessee.

        Small sweepstakes

        Q: We’re giving away a bale of hay to whoever comes up with the best name for our pony – do we really need to be concerned about promotion laws?

        A: Yes. The laws are, generally, not written based upon the size of the promotion.

        Practice tip: You don’t need to go hog wild here; a simple set of Official Rules and adequate ad disclosures should be sufficient.

        Endorsements

        Q: What’s the deal with endorsements and sweepstakes/contests?

        A: The FTC has taken the position that asking an entrant to (essentially) identify your product in a positive light is a form of endorsement. For example, “tell us in 10 words or fewer why you like Yummy Yum Cookies” would trigger an endorsement. Therefore, you must inform the entrant to include sufficient disclosure that he/she is receiving an entry for this endorsement.

        Practice tip: On social media contests, ask entrants to include “contest” or “sweepstakes” as part of the hashtag. For example, #XYZcontest is acceptable. The hashtags #sweeps, #sp, #thanks[brand], or #partner may not be enough. Also, don’t have a string of hashtags. Don’t ask me why the FTC believes #XYZ#contest#cool#win or #XYZsweeps would be any less of an indicator of an endorsement than #XYZcontest.

        Beyond the U.S.

        Q: What do we need in our Official Rules in order to include Canadian residents?

        A: (1) Time, date, and location of winner selection.
        (2) Mathematical skill‑testing question – since chance promotions are not allowed in Canada.
        (3) Privacy notice – explaining how the entrant’s information will be used.
        AND if it’s open to residents of the province of Quebec:
        (4) Notice that disputes may be submitted to the Régie des alcools.
        (5) Translation into French.
        (6) Registration and bonding.

        Q: Why does everyone void Puerto Rico?

        A: I don’t know. Puerto Rico used to have some stringent requirements, but since 2009 these requirements have been toned down. Most U.S. sweepstakes can include Puerto Rico with minimal adjustments.

        Practice tip: If you want to void Puerto Rico, make sure your Official Rules state that the contest is open to “legal residents of the 50 United States …”. Just saying “legal residents of the United States” could conceivably include not only the 50 states, but also Puerto Rico, Guam and other U.S. territories and possessions. (Oh, so that’s why rules say “50 United States”.)

        Complaints

        Q: How do we deal with complaints from winners and losers?

        A: Point to the Official Rules. The Official Rules form a binding contract with entrants, so hopefully the situation is covered in the rules.

        Practice tip: No matter how hard you try, every conceivable complaint cannot be addressed in the rules. The best advice is to be reasonable and to keep your consumers happy as best you can.

        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

        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

        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...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        U.S. Courts Highlights Annabel Rodriguez’s Journey from Fellow to Mentor

        Verrill attorney Annabel Rodriguez was featured in a recent U.S. Courts article titled “From Fellows to Mentors: Alumni Share Lasting Lessons from...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...