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

        Tips for Running Popular Sweepstakes during a National Emergency

        by Robert Laplaca on April 14, 2020

        “Service to others is the rent you pay for your room here on Earth.” Muhammad Ali

        We are seeing a nation pitching in to flatten the curve and countless unsung heroes on the front lines trying to help those infected by the coronavirus. Businesses too want to do their part and sweepstakes are a great way.

        Here are some examples of different types of sweepstakes that businesses may run, along with some helpful tips for making sure they run smoothly.

        Donate To Enter Sweepstakes. Currently, the NFL Buffalo Bills are running a sweepstakes asking people to donate to the WNY COVID-19 Community Response Fund for a chance to win the opportunity to be on the phone when the General Manager calls in the team’s first draft pick. (Okay, maybe not the sweepstakes for everyone, but in Buffalo this is apparently a big deal.)

        Tips:

        • Donating to enter requires a payment, so you need to have an AMOE.
        • Make sure the charity is on board, so you can use their name/logo.
        • Make sure 100% of the donation is going to the charity. If a Sponsor is keeping a portion for its own expenses, etc., the Sponsor could be considered a Paid Fundraiser (ushering in a whole slew of additional regulations).

        Pay My Bills Sweepstakes. I’ve seen a number of local sweepstakes offering to pay your bills during this pandemic. Great idea, but make sure you think it through and your rules are clear.

        Tips:

        • The simplest and most practical thing to do is award a pre-set cash amount, which is clearly disclosed in ads and in the rules, such as “Prize consists of $1,000 cash.”
        • Watch your ads to make sure that you are not over promising. For example, notwithstanding a disclaimer of a fixed cash prize, an ad touting “We’ll pay your mortgage” could still be misleading. Therefore, for a fixed cash prize, a more general ad may be best, such as “We’ll help pay your bills this month!”
        • Make sure the amount of the prize is high enough to cover the promises that you are making.
        • Don’t put pictures in ads of products that cost more than the prize.
        • Don’t give away coupons.

        Tell Me About It Sweepstakes or Contests. Not to be outdone by the Buffalo Bills, the Green Bay Packers are currently running a sweepstakes to win Packers paraphernalia by asking students to tweet photos or videos of them staying active while at home.

        Tips:

        • Decide whether it’s a sweepstakes (chance promotion) or skill contest.
        • If a sweepstakes: make it clear that photo/video will not be judged and that winner will be selected at random.
        • If a contest: set forth clear judging criteria and make sure judges view every entry.
        • Watch out what you ask for. You may be tempted to ask entrants to tell a story about how the pandemic has affected their life. But trying to judge among tales of tragedy may not be ideal. Like the Packers, you may want to pick a more uplifting theme. And, during this time, you may want to avoid themes such as how your product has helped them.

        Stay safe and stay well.

        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...