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

        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...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...
        Blog

        Voluntary Benefits Move into the ERISA Litigation Crosshairs

        Employee-paid accident, critical-illness, cancer, and hospital-indemnity insurance have long occupied a quiet corner of employee benefit plan...
        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...