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.
What Prizes Can/Can’t Be Given Away
Some things you may not be able to give as prizes:
– Smokes (MA, MI, VA)
– Gas (NJ, VA)
– Beer (many states)
– Milk (restricted in a number of states)
– iPad (formerly)
– Yankees tickets (because they may contain a no-transfer provision)
– Puppies (most states)
Some things you may be able to give as prizes:
– AR-15 Assault Rifle
– AK-47 Assault Rifle
– AR-10 Assault Rifle (re: M&P®10 rifle that is based on the AR-10)
– DDM4 Assault Rifle
– FN-15 Assault Rifle
I have not been able to confirm any sweepstakes giving away a “bump stock.” But from recent published reports “bump stocks” are legal under current federal law, but not under a handful of state laws; so these can probably be given as prizes too.
Interestingly, there have been many calls to prohibit the giving away of goldfish as prizes.