Embark on a journey through the labyrinth of sweepstakes laws, where dreams and regulations intertwine. In the realm of chance and opportunity, understanding the intricate web of criteria and eligibility is essential. From the bustling streets of New York to the serene landscapes of Wyoming, each state weaves its own tapestry of rules governing the sweepstakes world. Discover the types of sweepstakes allowed, the restrictions imposed, and the key considerations for participants. Join us as we unravel the complexities and empower you with the knowledge needed to navigate the sweepstakes landscape with confidence.
Sweepstakes Laws by States in United State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- District of Columbia
1. Alabama
Sweepstakes promoted through mail or direct mail materials alongside product or service purchase offers must not contain any deceptive statements regarding the recipient winning a prize. Any mention of winning a prize must include clear instructions on the necessary steps the individual must take to claim the prize.
Contests: If the contest includes an element of consideration, the sponsor must award the contest prize based on skill and not a chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
2. Alaska
If you want to host a game of chance (like sweepstakes) or a contest of skill (like a contest) in Alaska, you’ll have to get a special permit from the state.
Contests: If the contest includes an element of consideration, the sponsor must award the contest prize based on skill and not a chance.
Sweepstakes: Allowed as long as participants do not pay consideration.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
3. Arizona
If you’re holding a contest in Arizona (not a sweepstakes), it’s important to make sure you register it with the attorney general’s office. When you sign up, you’ll have to provide a written statement confirming that you didn’t pay any extra money for the prize you won in the contest.
Contests: Allowed as long as they do not charge a consideration.
Sweepstakes: Allowed as long as participants do not pay consideration.
Legal Review Criteria: Uncertain
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
4. Arkansas
In Arkansas, it’s not cool to hint that someone won a prize (or might win soon) just to try and sell stuff or reach out to potential customers. When you win a sweepstakes, the state wants you to collect your prize within 30 days after the sweepstakes is over.
Contests: Allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws and prize disclosures.
Sweepstakes: In-package sweepstakes are Allowed as long as there is a free alternative method of entry and the sponsor follows all Prize Promotion Laws and prize disclosures.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
5. California
In California, you can’t give alcohol as the only prize. Sometimes, alcohol can be included as a bonus in a winning package. There are some rules about alcohol in the state. One important rule is that you can’t make people buy alcohol if they want to enter something or make them go to a store that sells alcohol or a bar. They should have other ways to get the forms they need to enter.
Contests: Allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws and prize disclosures.
Sweepstakes: Allowed as long as participants do not pay consideration and the sponsor follows all Prize Promotion Laws and prize disclosures.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
6. Colorado
Colorado wants to make sure that sweepstakes and contests are open to everyone without any fees, so they don’t allow asking for money, even if the winners are chosen based on their skills.
Contests: Allowed as long as they do not charge a consideration. If the contest includes an element of consideration the sponsor must award the contest prize based on skill and not chance and follow all Prize Promotion Laws and prize disclosures.
Sweepstakes: Allowed as long as participants do not pay consideration and the sponsor follows all Colorado Consumer Protection Act laws.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
7. Connecticut
Connecticut also wants people to be able to participate in sweepstakes and contests without having to pay any money or give anything in return. If there are any rules or limits to getting a prize in the sweepstakes, you can’t tell people in the state about the contest. You’re not allowed to promote a competition with a prize worth $200 or more, where you have to pay to enter or buy something to increase your chances of winning.
Contests: Allowed as long as they do not charge a consideration. Contests charging consideration are restricted to less than $200 in Approximate Retail Value of prizes. Sponsors with purchase-to-enter contests are excluded.
Sweepstakes: Allowed as long as participants do not pay consideration.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
8. Delaware
Delaware law requires that no purchase or payment be required to enter or win a contest or sweepstakes. Any requirement to purchase a product or service to enter or win is prohibited.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
9. Florida
Florida law requires that all terms and conditions of a contest or sweepstakes be disclosed in a clear and conspicuous manner. This includes any rules, limitations, and conditions that may affect a participant’s eligibility to win.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance. The sponsors may charge a consideration (payment to participate) but the prize cannot be composed solely of the participant’s entry fees.
Sweepstakes (or as FL calls them, Game Promotion): are Allowed as long as the sponsor awards the prize based on chance. Sweepstakes offered in Florida whose prizes exceed $5,000 in Approximate Retail Value must be bonded and registered with the state.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
10. Georgia
Georgia law does not require registration of contests and sweepstakes, but if the total value of the prize is more than $5,000, the sponsor must register the promotion with the Georgia Secretary of State.
Georgia law requires that all sweepstakes offer a free method of entry that does not require a purchase or payment.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: uncertain, possibly Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
11. Hawaii
Hawaii law requires that contests and sweepstakes be open to all individuals, regardless of whether they make a purchase or pay a fee. This means that if you are conducting sweepstakes, you cannot require entrants to purchase a product or pay a fee to enter.
Hawaii law requires that certain types of contests and sweepstakes be registered and bonded with the state. Specifically, contests that require an entry fee and offer a prize valued at $5,000 or more must be registered and bonded with the state.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
12. Idaho
Under Idaho law, certain contests and sweepstakes may be required to register with the state. This applies to contests that involve a prize worth more than $5,000 and sweepstakes that involve a prize worth more than $500,000. The registration must be filed with the Idaho Secretary of State at least seven days before the contest or sweepstakes begins.
Some contests and sweepstakes may also be required to post a bond with the state. This applies to contests that involve a prize worth more than $10,000 and sweepstakes that involve a prize worth more than $1 million.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: possible pure chance test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
13. Illinois
Illinois law requires that if a sweepstakes requires a purchase or payment to enter, an alternative means of entry must be provided that does not require a purchase.
If a purchase or payment is required to enter the contest or sweepstakes, the promotion may be considered an illegal lottery. Therefore, it is important to provide a free method of entry that is equally as convenient as the paid method.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance. Illinois Prizes and Gifts Act prohibits sponsors from charging a consideration to participate in a contest.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
14. Indiana
In Indiana, a contest is a game of skill where the winner is selected based on their performance or ability, while a sweepstake is a game of chance where the winner is selected randomly.
It is illegal in Indiana to require participants to make a purchase or payment in order to enter a contest or sweepstakes, and it is also illegal to falsely represent the nature, value, or terms of a promotion.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
15. Iowa
Iowa law requires that participants be allowed to enter a contest or sweepstakes without making a purchase or payment. All advertisements and promotional materials for the contest or sweepstakes must clearly and accurately disclose the terms and conditions of the promotion. Iowa law requires that all prizes be awarded as advertised. Sponsors cannot substitute prizes unless the official rules specifically allow for them.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
16. Kansas
Participants cannot be required to make a purchase or pay any fee to enter or win a contest or sweepstakes.
If the contest or sweepstakes is open to minors, there must be clear rules and restrictions in place to ensure compliance with Kansas’s child protection laws.
Contest and sweepstakes rules must be clearly and conspicuously disclosed to participants, including any limitations on the number of entries, the odds of winning, and the value of the prizes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
17. Kentucky
Contests and sweepstakes that offer prizes over $5,000 must be registered with the Kentucky Department of Charitable Gaming.
Contests: Allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: Allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
18. Louisiana
All rules and regulations for the contest or sweepstakes must be clearly disclosed to participants, including eligibility requirements, the start and end date of the promotion, and the method of entry. If the total value of all prizes exceeds $5,000 the sponsor must post a bond equal to the total value of the prizes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
19. Maine
In Maine, sweepstakes and contests do not need to be registered with the state, as long as they comply with state laws. Sweepstakes and contests must disclose all material terms and conditions, including the odds of winning, the prizes offered, and any limitations or restrictions.
Maine law prohibits certain practices, such as misrepresenting the chances of winning, requiring payment to claim a prize, or sending unsolicited prize notifications.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
20. Maryland
Contests and sweepstakes that require participants to pay to enter are considered lotteries under Maryland law and are illegal unless they are conducted by the state itself. However, if the promotion is free to enter, no registration is required.
Maryland law requires that all promotions offer a way to enter that does not require a purchase or payment of any kind. This can be done through a mail-in entry or an alternate means of entry.
Maryland law prohibits deceptive advertising and requires that prizes be awarded as advertised. Sponsors must also provide prizes within a reasonable time after the promotion ends.
Contests: Maryland places prohibitions on charging a consideration, however, the applicability of the prohibition is unclear. Sponsors should exercise caution charging a consideration.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine or Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
21. Massachusetts
Any promotion that involves a contest or sweepstakes must disclose the terms and conditions of the promotion, including the rules, the value of the prizes, and any limitations or restrictions.
Massachusetts law requires that contests and sweepstakes be open to all entrants, regardless of whether they make a purchase or pay a fee. This means that no purchase or payment is necessary to enter or win.
Massachusetts law prohibits certain types of prizes in contests and sweepstakes, including alcohol, tobacco, and firearms.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
22. Michigan
Michigan law requires that no purchase or payment is necessary to enter or win a contest or sweepstakes. Michigan law requires that all material terms and conditions of the contest or sweepstakes be disclosed to participants, including the rules, the odds of winning, the number and value of prizes, and the expiration date of the contest or sweepstakes.
Michigan law prohibits certain practices in connection with contests and sweepstakes, such as requiring participants to pay for shipping or handling fees, misrepresenting the nature or value of the prize, and using false or misleading advertising.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
23. Minnesota
Any contest or sweepstakes in Minnesota must disclose the rules, terms, and conditions of the promotion, including any limitations on eligibility, the value of the prizes, and how the winners will be determined. These disclosures must be clear and conspicuous and must be provided before or at the time of entry.
Minnesota law prohibits certain acts in connection with contests and sweepstakes, such as misrepresenting the odds of winning, using false or misleading statements, or requiring a purchase to enter.
All prizes must be awarded as advertised, and cannot be substituted unless the rules explicitly state otherwise.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
24. Mississippi
In Mississippi, contests or sweepstakes that require participants to pay a fee or purchase a product in order to enter or win may be considered illegal. The state also requires businesses to register their promotions with the Secretary of State’s office.
Businesses must disclose certain information about their promotions, including the rules, the odds of winning, and the value of the prizes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
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25. Missouri
Under Missouri law, contests and sweepstakes must provide participants with the option to enter without making a purchase or payment. It is illegal to require participants to pay a fee, purchase a product, or provide any other form of consideration in order to enter or win.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine or Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
26. Montana
Montana, like most states, requires that contests and sweepstakes provide an option for participation without requiring a purchase or payment. This means you must allow individuals to enter your promotion for free, either through an alternative method of entry or by offering a mail-in entry option.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
27. Nebraska
Like in most jurisdictions, Nebraska requires that participants be allowed to enter a contest or sweepstakes without making any purchase or payment. This means that alternative methods of entry should be provided, such as mail-in entries or online forms that do not require a purchase.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes (or as known in NE, gift enterprises): are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
28. Nevada
Like in most jurisdictions, Nebraska requires that participants be allowed to enter a contest or sweepstakes without making any purchase or payment. This means that alternative methods of entry should be provided, such as mail-in entries or online forms that do not require a purchase.
Nevada law prohibits private lotteries, which are defined as schemes where participants pay money for a chance to win prizes based primarily on luck. However, contests and sweepstakes can be conducted legally in the state if they comply with certain requirements.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
29. New Hampshire
In New Hampshire, a contest typically involves a skill-based competition where participants are required to demonstrate some level of skill or ability to win a prize. A sweepstakes, on the other hand, is a random drawing where winners are selected by chance.
New Hampshire does not require sweepstakes and contest operators to register their promotions with a state agency or obtain a bond. However, it’s advisable to review the specific requirements outlined in the state statutes or consult with legal counsel to ensure compliance.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
30. New Jersey
In New Jersey, contests and sweepstakes are generally considered promotional games of chance. Contests typically require some skill or effort to participate, while sweepstakes are typically based on chance alone, with no skill required.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
31. New Mexico
Contests and sweepstakes should generally allow individuals to participate without requiring any purchase or payment. This is to ensure compliance with sweepstakes laws and to avoid being classified as an illegal lottery.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
32. New York
In New York, as in most states, it is generally required that contests and sweepstakes allow participation without the need for a purchase. This means that if you offer a prize promotion, you must provide a way for individuals to enter without making a purchase.
New York has specific requirements for sweepstakes promotions that have a total prize value exceeding $5,000. In such cases, you may need to register your promotion with the New York Secretary of State and post a bond.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
33. North Carolina
North Carolina requires that contests and sweepstakes allow participation without requiring a purchase or any consideration. Participants should have an equal chance of winning regardless of whether they make a purchase or not.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
34. North Dakota
North Dakota does not have a specific requirement for sweepstakes or contest registration. However, certain types of promotions, such as charitable raffles, may have specific registration and reporting requirements. It’s important to review the North Dakota Century Code and consult with legal counsel to determine if your promotion falls under any specific regulations.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
35. Ohio
Like in many jurisdictions, Ohio requires that contests and sweepstakes allow participation without any purchase or consideration. This means that participants should not be required to pay a fee or purchase a product in order to enter or win.
In Ohio, a contest typically involves a skill-based element, where the winner is determined based on their skill or ability to perform a task. On the other hand, a sweepstakes is a game of chance where the winner is selected randomly. Different rules and regulations may apply to each category.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
36. Oklahoma
In Oklahoma, a contest is defined as a scheme in which a prize is awarded based on skill or ability, while a sweepstake is a random drawing for a prize. Oklahoma does not require contests or sweepstakes to be registered with a specific government agency. However, it’s important to comply with other applicable laws and regulations.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
37. Oregon
In Oregon, a contest typically involves some form of skill or judgment, while a sweepstake is a game of chance where the winners are selected randomly. The distinction between contests and sweepstakes is important because different laws may apply.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
38. Pennsylvania
Pennsylvania, like many other jurisdictions, requires that participants have an equal chance to win a prize without making any purchase or payment. This means that you cannot require participants to purchase a product or pay an entry fee to enter a contest or sweepstakes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
39. Rhode Island
In Rhode Island, a contest typically involves a skill-based competition, while a sweepstake is a random drawing or chance-based promotion.
Rhode Island does not have specific laws or requirements for the registration of contests or sweepstakes. However, certain types of promotions, such as charitable raffles, may have their own specific registration requirements. It’s important to check with the Rhode Island Department of Business Regulation or consult legal counsel to determine if any special registrations apply to your promotion.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
40. South Carolina
In most jurisdictions, including South Carolina, it is common for contest and sweepstakes laws to require that participants can enter without making a purchase or providing any consideration. This means that participants cannot be required to spend money in order to enter or win a contest or sweepstakes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: are allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
41. South Dakota
South Dakota does not have specific registration requirements for contests and sweepstakes. However, if a promotion includes the sale of chance-based tickets or numbers, it may be subject to certain regulations and licensing requirements under South Dakota’s gambling laws.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
42. Tennessee
Tennessee, like most states, requires that no purchase or payment is necessary to enter or win a contest or sweepstakes. This means that if you offer a prize promotion, you must allow individuals to enter without requiring them to make a purchase or pay any fees.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
43. Texas
Texas, like most states in the U.S., requires that sweepstakes and contests allow participation without requiring a purchase or payment. This means that if you offer a sweepstakes or contest in Texas, you must provide an alternate method of entry that doesn’t involve making a purchase or paying a fee.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
44. Utah
Contests and sweepstakes in Utah generally require that participants be allowed to enter without making a purchase or providing any form of consideration. This means you cannot require people to pay money or purchase products to enter a contest or sweepstakes.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
45. Vermont
Vermont, like many other states, requires that contests and sweepstakes allow participation without any purchase or payment. This means you cannot require participants to make a purchase or pay a fee in order to enter or win.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
46. Virginia
Under Virginia law, there are no specific registration requirements for contests or sweepstakes. However, if the promotion involves the sale of consumer products or services, additional regulations may apply.
Tobacco-related sweepstakes are not allowed in Virginia.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
47. Washington
Washington law defines a “contest of chance” as any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor. A “sweepstakes” is defined as a procedure for the distribution of anything of value by lot or chance.
Washington does not view entering sweepstakes via entry form, survey, phone, stamped self-addressed envelope, or visiting a retail location as consideration.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Material Element Test when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
48. West Virginia
Contests and sweepstakes in West Virginia must generally allow participation without requiring any purchase or payment. It is essential to provide an alternative method of entry (AMOE) that does not involve payment to ensure compliance.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
49. Wisconsin
Wisconsin requires that contests and sweepstakes allow participation without any purchase or payment. It means you cannot require entrants to make a purchase or pay any fees to enter or win a contest or sweepstakes.
The state of Wisconsin also wants sponsors to offer free entry and ask you to provide retailers with enough entry forms or game pieces to allow free participation by customers.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
50. Wyoming
Wyoming requires that contests and sweepstakes allow participation without requiring a purchase or payment to enter or win. It means that if you offer sweepstakes or contests, you must provide a free alternative method of entry.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Uncertain.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: No
Instant Win Games: Yes
51. District of Columbia
It is important to note that in D.C., contests and sweepstakes must typically allow participants to enter without making a purchase or providing any consideration. This means that participants cannot be required to buy a product, pay an entry fee, or provide any form of consideration to enter or win.
Contests: allowed as long as the sponsor awards the prize based on skill and not a chance.
Sweepstakes: allowed as long as the sponsor awards the prize based on chance.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Sweepstakes Allow: Yes
Contests Allow: Yes
Social Media Sweepstakes Allow: Yes
Text to Win Sweepstakes Allow: Yes
Cannabis Sweepstakes Allow: Yes
Instant Win Games: Yes
Conclusion
| State | Sweepstakes Allowed | Contests Allowed | Social Media Sweepstakes Allowed* | Text to Win Sweepstakes Allowed | Cannabis Sweepstakes Allowed | Instant Win Games |
|---|---|---|---|---|---|---|
| Alabama | Yes | Yes | Yes* | Yes | No | Yes |
| Alaska | Yes | Yes | Yes* | Yes | Yes | Yes |
| Arizona | Yes | Yes | Yes* | Yes | Yes | Yes |
| Arkansas | Yes | Yes | Yes* | Yes | No | Yes |
| California | Yes | Yes | Yes* | Yes | Yes | Yes |
| Colorado | Yes | Yes | Yes* | Yes | Yes | Yes |
| Connecticut | Yes | Yes | Yes* | Yes | Yes | Yes |
| Delaware | Yes | Yes | Yes* | Yes | No | Yes |
| District of Columbia | Yes | Yes | Yes* | Yes | Yes | Yes |
| Florida | Yes | Yes | Yes* | Yes | No | Yes |
| Georgia | Yes | Yes | Yes* | Yes | No | Yes |
| Hawaii | Yes | Yes | Yes* | Yes | No | Yes |
| Idaho | Yes | Yes | Yes* | Yes | No | Yes |
| Illinois | Yes | Yes | Yes* | Yes | Yes | Yes |
| Indiana | Yes | Yes | Yes* | Yes | No | Yes |
| Iowa | Yes | Yes | Yes* | Yes | No | Yes |
| Kansas | Yes | Yes | Yes* | Yes | No | Yes |
| Kentucky | Yes | Yes | Yes* | Yes | No | Yes |
| Louisiana | Yes | Yes | Yes* | Yes | No | Yes |
| Maine | Yes | Yes | Yes* | Yes | Yes | Yes |
| Maryland | Yes | Yes | Yes* | Yes | Yes | Yes |
| Massachusetts | Yes | Yes | Yes* | Yes | Yes | Yes |
| Michigan | Yes | Yes | Yes* | Yes | Yes | Yes |
| Minnesota | Yes | Yes | Yes* | Yes | No | Yes |
| Mississippi | Yes | Yes | Yes* | Yes | No | Yes |
| Missouri | Yes | Yes | Yes* | Yes | Yes | Yes |
| Montana | Yes | Yes | Yes* | Yes | Yes | Yes |
| Nebraska | Yes | Yes | Yes* | Yes | No | Yes |
| Nevada | Yes | Yes | Yes* | Yes | Yes | Yes |
| New Hampshire | Yes | Yes | Yes* | Yes | No | Yes |
| New Jersey | Yes | Yes | Yes* | Yes | Yes | Yes |
| New Mexico | Yes | Yes | Yes* | Yes | Yes | Yes |
| New York | Yes | Yes | Yes* | Yes | Yes | Yes |
| North Carolina | Yes | Yes | Yes* | Yes | No | Yes |
| North Dakota | Yes | Yes | Yes* | Yes | No | Yes |
| Ohio | Yes | Yes | Yes* | Yes | No | Yes |
| Oklahoma | Yes | Yes | Yes* | Yes | No | Yes |
| Oregon | Yes | Yes | Yes* | Yes | Yes | Yes |
| Pennsylvania | Yes | Yes | Yes* | Yes | No | Yes |
| Rhode Island | Yes | Yes | Yes* | Yes | Yes | Yes |
| South Carolina | Yes | Yes | Yes* | Yes | No | Yes |
| South Dakota | Yes | Yes | Yes* | Yes | Yes | Yes |
| Tennessee | Yes | Yes | Yes* | Yes | No | Yes |
| Texas | Yes | Yes | Yes* | Yes | No | Yes |
| Utah | Yes | Yes | Yes* | Yes | No | Yes |
| Vermont | Yes | Yes | Yes* | Yes | Yes | Yes |
| Virginia | Yes | Yes | Yes* | Yes | Yes | Yes |
| Washington | Yes | Yes | Yes* | Yes | Yes | Yes |
| West Virginia | Yes | Yes | Yes* | Yes | No | Yes |
| Wisconsin | Yes | Yes | Yes* | Yes | No | Yes |
| Wyoming | Yes | Yes | Yes* | Yes | No | Yes |