Tag: compliance

Sweepstakes Void in Florida, New York, and Rhode Island?

One question we hear frequently: Why are so many sweepstakes void in Florida, New York, and sometimes Rhode Island? The answer is simple: The states of Florida, New York, and Rhode Island require sweepstakes registration and Florida and New York also require bonding. Many Sponsors of sweepstakes either don’t want to deal with that requirement, don’t want to spend the extra money, or they have run out of time to

July 20, 2026

Promotion Laws by State

In the United States, promotion laws vary by state but are universally bound by the federal FTC Guidelines. To legally run a sweepstakes, you must provide a free alternate method of entry (AMOE), so you do not have an illegal lottery. State laws enforce different rules based on the size of the prize and whether they involve retail entry. Before you run a promotion in the United States, you might

July 20, 2026

Regulated Industries and Sweepstakes

Some regulated industries require special disclosures and/or have special legal requirements for running sweepstakes. These regulated industries include alcohol, tobacco, gasoline, dairy, banking, pharmaceuticals, and cause-related marketing. It is absolutely essential to know the laws of these industries, or partner with a promotional marketing firm who works with legal counsel who is familiar with these laws, before undertaking a contest or sweepstakes. Navigating sweepstakes in these sectors requires careful

June 23, 2026

Federal & State Lottery Laws Explained

According to Federal Lottery Laws, it is illegal to operate a lottery through the mail or over the telephone. The “Standard Lottery Rule” is a legal baseline that defines an illegal lottery. The 3 Elements of an Illegal Lottery – A sweepstakes crosses the line into an illegal lottery if it contains all three of the following: Prize: Something of value is offered. Chance: Winners are chosen randomly. Consideration: Participants

June 3, 2026

How to Avoid Deceptive Advertising

In the context of sweepstakes, deceptive advertising occurs when a promotion uses misleading statements, omissions, or visual trickery to give a participant a false impression of their odds, the prize value, or the requirements to win. The Federal Trade Commission (FTC) and state Attorneys General monitor these closely. If a “reasonable consumer” would be misled by the advertisement, it is considered deceptive. Common Forms of Deceptive Advertising 1. The “False

May 20, 2026

Best Practices for Running a Pet-Themed Promotion

When running a pet-themed promotion, you are tapping into a deeply emotional space. For many, pets are family members, and the stakes for health and safety are much higher than a standard giveaway. Here are the essential do’s and don’ts for a successful and ethical pet promotion: The Do’s: Focusing on Health and Safety DO prioritize safety standards. Ensure any physical prizes (toys, treats, or gear) meet rigorous safety certifications. Avoid

April 30, 2026

Everybody’s Using Social for Everything! But Are They Really?!?

There’s basically no such thing as doing any type of marketing without social platforms being part of the grand plan. Their reach is undeniable. While social platforms are an integral part of today’s marketing landscape, each one of them has their own restrictions and rules to abide by, and they’re not always easy to figure out. Platforms such as Instagram & Facebook (Meta) specifically state that they will not provide

April 22, 2026

Are Rules Drafted with the Help of AI Safe?

The question is… is it OK to rely on AI to draft rules, are they “safe” to use, are they “accurate,” are they “legally compliant?” I think we can agree that AI is fast and efficient. It is exciting to see your rules complete in just a few seconds – a huge windfall that you can produce a set of rules in a matter of minutes and the cost benefit

April 21, 2026

Data Privacy Framework (DPF)

In July 2023, the EU-U.S. Data Privacy Framework (DPF) was created to replace the invalidated Privacy Shield for enabling legal, secure data transfers from the EU to the US. Privacy Shield was the original mechanism established in an attempt to meet GDPR regulations, but it failed to meet all requirements. The end goal of these regulations is to protect individuals’ right to privacy, how their personal data is collected, processed,

February 4, 2026

How to Do a Giveaway on YouTube

Brands and influencers have learned that the best way to build their YouTube audience is to run a sweepstakes or giveaway on YouTube. A giveaway is the perfect opportunity to ask people to like, comment and share your content with the world in exchange for an entry. You must use caution when running a giveaway, however, to ensure you do not get into any trouble with YouTube or the law.

April 7, 2021