In the United States, promotions are controlled by the Federal Trade Commission, the Federal Communications Commission, the United States Postal Service, and the United States Department of Justice. These organizations regulate the nation-wide rules relating to sweepstakes and contests, like:

• Winners are required to pay taxes on any prizes won; a prize over $600 is considered miscellaneous income to the government
• Sponsors must issue a 1099 form to winners’ of prizes valued over $600
• Guns offered as prizes must be transferred to a Federally Licensed Firearm Dealer who will go through the process of registering the gun to the new owner
• Official rules must clearly identify the value of the prize as the ARV or Approximate Retail Value based on the fair market value at that time

Registration and bonding will be determined by the prize value and is handled on a per-state basis.

Additionally, the United States has strict laws barring private lotteries, so in order to be legal, sweepstakes and contents need to differentiate themselves from lotteries. A lottery is defined by law as a promotion that has all three of the following elements:

• The promotion is offering prizes that have value
• The winners of the promotion are chosen at random
• There is an element of consideration

In order to NOT be classified as an illegal lottery, at least one of these elements needs to be missing. Because prizes and luck are central to sweepstakes, the element of consideration is usually eliminated.

47 U.S. Code § 509 – Prohibited practices in contests of knowledge, skill, or chance

• U.S. Code
• Notes

prev | next

(a)Influencing, prearranging, or predetermining outcomeIt shall be unlawful for any person, with intent to deceive the listening or viewing public—(1)

To supply to any contestant in a purportedly bona fide contest of intellectual knowledge or intellectual skill any special and secret assistance whereby the outcome of such contest will be in whole or in part prearranged or predetermined.

(2)

By means of persuasion, bribery, intimidation, or otherwise, to induce or cause any contestant in a purportedly bona fide contest of intellectual knowledge or intellectual skill to refrain in any manner from using or displaying his knowledge or skill in such contest, whereby the outcome thereof will be in whole or in part prearranged or predetermined.

(3)

To engage in any artifice or scheme for the purpose of prearranging or predetermining in whole or in part the outcome of a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance.

(4)

To produce or participate in the production for broadcasting of, to broadcast or participate in the broadcasting of, to offer to a licensee for broadcasting, or to sponsor, any radio program, knowing or having reasonable ground for believing that, in connection with a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance constituting any part of such program, any person has done or is going to do any act or thing referred to in paragraph (1), (2), or (3) of this subsection.

(5)

To conspire with any other person or persons to do any act or thing prohibited by paragraph (1), (2), (3), or (4) of this subsection, if one or more of such persons do any act to effect the object of such conspiracy.

(b)“Contest” and “the listening or viewing public” definedFor the purposes of this section—(1)

The term “contest” means any contest broadcast by a radio station in connection with which any money or any other thing of value is offered as a prize or prizes to be paid or presented by the program sponsor or by any other person or persons, as announced in the course of the broadcast.

(2)

The term “the listening or viewing public” means those members of the public who, with the aid of radio receiving sets, listen to or view programs broadcast by radio stations.

(c)Penalties

Whoever violates subsection (a) shall be fined not more than $10,000 or imprisoned not more than one year, or both.

(June 19, 1934, ch. 652, title V, § 508, formerly § 509, as added Pub. L. 86–752, § 9, Sept. 13, 1960, 74 Stat. 897; renumbered § 508, Pub. L. 96–507, § 1, Dec. 8, 1980, 94 Stat. 2747.)

Overview Federal law governing the use of sweepstakes became effective in 2000. The federal law requires certain disclosures for mailed sweepstakes and prohibits certain practices. It also includes rules for skill contests. Several states also have laws affecting sweepstakes and contests, some more restrictive than the federal law. In addition, given the global nature of the Internet, publishers involved with online sweepstakes should also be aware that laws in foreign nations may apply. Federal Law The federal law is the Deceptive Mail Prevention and Enforcement Act (DMPE), 1 known commonly as the federal “Sweepstakes Law.” The law applies only to material sent through the mail, and gives the U.S. Postal Service authority over and imposes affirmative disclosure and name removal requirements on sweepstakes and skill contest mailings. The Act also contains requirements for mailings containing facsimile checks, and mailings made to look like government documents. When the Law Applies to Magazine Content When Congress passed the DMPE, it included a significant exemption for magazine content, including advertising. The provisions of the law do not apply to sweepstakes and contests appearing in magazines if: 1. they are not directed at a named individual; or 2. they do not include the opportunity to make a payment or order a product or service. General Provisions As noted above, DMPE covers only sweepstakes promotions sent through the mail. It does not supersede state laws on sweepstakes. Thus, sweepstakes sponsors should review state requirements as well. Mailings that merely provide promotional information about a sweepstakes do not trigger application of the law—the sweepstakes promotion must include an opportunity to enter for the law to apply. All sweepstakes disclosures mandated by the law must be made in a “clear and conspicuous” manner that is “readily noticeable, readable, and understandable” to recipients. 1 39 U.S.C. §§ 3001-3017. Required Disclosures Any solicitation to enter a sweepstakes or contest must contain the following information: 1. the official rules; 2. all terms and conditions for participating in the sweepstakes or contest; 3. the entry process; 4. the name of the sponsor or mailer of the sweepstakes; 5. the contact information for the sponsor or mailer of the sweepstakes The official rules must include: 1. the estimated numerical odds of winning; 2. the number of prizes to be awarded; 3. the estimated retail value of the prizes to be awarded; 4. the nature of the prizes to be awarded; and 5. the schedule of payments if the prize is paid over time. Sweepstakes solicitation mailings must include statements that no purchase is necessary to win and statements that purchasing the sponsors’ products will not increase one’s chances of winning. These statements must meet the following requirements: 1. they must be more conspicuous than the other required disclosures; and 2. they must appear in the following three places in a mailing: a. in the solicitation letter; b. in the order or entry form; and c. in the official rules Required Disclosures for Skill Contests Skill contests are defined by the Federal Trade Commission (FTC) as, “Puzzles, games or other contests in which prizes are awarded based on skill, knowledge or talent – not on chance.” 2 In these skill contests, sponsors must disclose: 1. the estimated number or percentage of participants who will win the skill contest; 2. the approximate number or percentage of participants who have won the sponsor’s past three skill contests; 3. the judging methods; 4. the identity or a description of the qualifications of the judges; 5. the date on which winners will be selected; 6. the date or process by which prizes will be awarded; 7. the number of rounds of competition; 2 Federal Trade Commission, You Don’t Have to Pay to Play!, FTC FACTS FOR CONSUMERS, July 2000, at 2. 8. whether subsequent rounds of competition will be more difficult than early rounds; and 9. the maximum cost to enter the entire competition. Prohibited Practices 1. Mailings must not indicate that those who do not purchase sponsors’ products or services will not receive future sweepstakes mailings; 2. Mailings must not indicate that an individual is a winner unless that person has actually won; 3. Mailings cannot require that sweepstakes entries be accompanied by orders or payments for previously ordered products or services; 4. Mailings cannot contain inconsistencies within the official rules or disclosures. Facsimile Checks Facsimile checks must contain a disclosure on the face of the document indicating that the check is non-negotiable and that it has no cash value. Opt-Out Requirement Mailings for sweepstakes and contests must display clearly and conspicuously a toll-free telephone number or address by which recipients can contact the sponsor to be removed from any future mailings. Upon receipt of a removal request, the sponsor must remove the requester’s name and address from mailing lists within 60 days. Penalties for Non-Compliance The Postal Service can assess penalties for violations of up to $1 million. The fines are $25,000 for mailings of less than 50,000 pieces, $50,000 for mailings of between 50,000 to 100,000 pieces, and an additional $5,000 for each 10,000 pieces above 100,000 up to a maximum fine of $1 million. For violations of the opt-out provisions, recipients may sue for injunctive relief and damages up to $500 per violation, which can be trebled for willful violations. In addition, mailers who mail solicitations “recklessly” to those requesting removal can face statutory penalties to the federal government of $10,000 per mailing, and penalties of up to $2 million for selling the names and addresses of individuals requesting removal from mailing lists.

TO REGISTER AS A MONEY SERVICE BUSINESS : https://www.fincen.gov/index.php/node/7501

 The Bank Secrecy Act (BSA) requires many financial institutions, including money services businesses (MSB), to keep records and file reports on certain transactions to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).

Money Services Business

An MSB is generally any person offering check cashing; foreign currency exchange services; or selling money orders, travelers’ checks or pre-paid access (formerly stored value) products; for an amount greater than $1,000 per person, per day, in one or more transactions. A person who engages as a business in the transfer of funds is an MSB as a money transmitter, regardless of the amount of money transmission activity.  

Registering with the Federal Government

Every MSB must register with FinCEN by electronically filing FinCEN Form 107, Registration of Money Services Business, unless a person or business is only an MSB because they serve as an agent of another MSB. The MSB’s owner or controlling person must register by the end of a 180-day period, which begins the day after the date they established the MSB. They are also required to renew their MSB registration each two-calendar-year period following the initial registration by filing another Form 107.

Developing an Effective AML Program

All MSBs are required to develop and implement an anti-money laundering (AML) compliance program. The program should reasonably prevent individuals from using the MSB to facilitate money laundering or to finance terrorist activities. Each program must be written and take into account the inherent risks, as well as:

• Designate a person to assure day-to-day compliance with the BSA;
• Incorporate policies, procedures and internal controls reasonably designed to assure compliance with the BSA;
• Provide education and training to appropriate personnel; and
• Provide for an independent review to monitor and maintain an adequate program.

Reporting Cash Transactions

MSBs must electronically file FinCEN Form 112, Currency Transaction Report, when they have a cash-in or cash-out currency transaction, or multiple transactions, totaling more than $10,000 during one business day for any one person, or on behalf of any one person.

Reporting Suspicious Activities

Generally, MSBs that know, suspect or have reason to suspect that the transaction or pattern of transactions is suspicious and involves $2,000 or more, must electronically file a FinCEN Form 111, Suspicious Activity Report on the activity. 

BSA E-Filing

The BSA E-Filing System supports the electronic filing of BSA forms (either individually or in batches) through a FinCEN secure network. Financial institutions, including MSBs, must electronically file all required BSA reports using FinCEN’s BSA E-Filing System. FinCEN may reject any required reports filed in paper format.

Additional Resources

Other BSA Reporting Requirements

• Form 114, Report of Foreign Bank and Financial Accounts
• Form 105, Report of International Transportation of Currency or Monetary Instruments

Online Information

• FinCEN.gov

Publications

• Bank Secrecy Act Requirements A Quick Reference Guide for MSBs PDF (PDF)
• Examination Manual for Money Services Businesses PDF (PDF)
• Reporting Suspicious Activity A Quick Reference Guide for MSBs PDF (PDF) 
• Money Laundering Prevention An MSB Guide PDF (PDF)

Helplines

• Title 31 Helpline: 866-270-0733 (toll-free inside the U.S.) or 313-234-6146 (not toll-free, for callers outside the U.S.)
• FinCEN Regulatory Helpline: 800-949-2732
• BSA E-Filing Help Desk (technical assistance): 1-866-346-9478 (toll-free), Email BSAEFilingHelp@fincen.gov

OverviewRulesNoticesGuidanceNews ReleasesInvestor Education

Firms must comply with the Bank Secrecy Act and its implementing regulations (“AML rules”). The purpose of the AML rules is to help detect and report suspicious activity including the predicate offenses to money laundering and terrorist financing, such as securities fraud and market manipulation.

FINRA reviews a firm’s compliance with AML rules under FINRA Rule 3310, which sets forth minimum standards for a firm’s written AML compliance program. The basic tenets of an AML compliance program under FINRA 3310 include the following.

• The program has to be approved in writing by a senior manager.

• It must be reasonably designed to ensure the firm detects and reports suspicious activity.

• It must be reasonably designed to achieve compliance with the AML Rules, including, among others, having a risk-based customer identification program (CIP) that enables the firm to form a reasonable belief that it knows the true identity of its customers.

• It must be independently tested to ensure proper implementation of the program.

• Each FINRA member firm must submit contact information for its AML Compliance Officer through the FINRA Contact System (FCS).

• Ongoing training must be provided to appropriate personnel.

• The program must include appropriate risk-based procedures for conducting ongoing customer due diligence, including (i) understanding the nature and purpose of customer relationships for the purpose of developing a customer risk profile; and, (ii) conducting ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information, including information regarding the beneficial owners of legal entity customers.

To receive AML updates by email, please subscribe to our mailing list.

Anti-Money Laundering Template for Small Firms

FINRA provides an Anti-Money Laundering Template to assist Small Firms in establishing the AML compliance program required by the Bank Secrecy Act, its implementing regulations, and FINRA Rule 3310. 

LEARN MORE

Frequently Asked Questions

Find answers to frequently asked questions regarding FINRA Rule 3310 and AML program requirements.

LEARN MORE

AML Reports and Systems

• Suspicious Activity Report (SAR) (must be filed electronically through the BSA E-Filing System)

• Currency Transaction Report (CTR) (must be filed electronically through the BSA E-Filing System)

• Report of Foreign Bank and Financial Accounts (FBAR) (FinCEN 114) (must be filed electronically through the BSA E-Filing System)

• Report of International Transportation of Currency or Monetary Instruments (CMIR)

• Section 314(a) Secure Information Sharing System

• OFAC Reporting System for Blocked and Rejected Transactions

E-Learning

FINRA’s Anti-Money Laundering (AML) e-learning courses cover concepts and strategies for detecting and preventing money-laundering activity. Each course presents unique scenarios that illustrate typical money-laundering situations.

LEARN MORE

Contact OGC

FINRA’s Office of General Counsel (OGC) staff provides broker-dealers, attorneys, registered representatives, investors and other interested parties with interpretative guidance relating to FINRA’s rules. Please see Interpreting FINRA Rules for more information.

OGC staff contact:

Victoria Crane
FINRA, OGC
1735 K Street, NW
Washington, DC 20006
(202) 728-8000

Financial Authorities

FinCEN: The Financial Crimes Enforcement Network (FinCEN) is the primary AML/CFT regulator in the United States and operates under the authority of the United States Treasury Department. FinCEN is responsible for combating money laundering, the financing of terrorism and other financial crimes by monitoring banks, financial institutions and individuals and analyzing suspicious transactions and payments. FinCEN works with state and federal law enforcement agencies, sharing information to assist in the fight against financial crime. 

OFAC: In a similar AML/CFT capacity to FinCEN, and under the authority of the US Treasury Department, the Office of Foreign Assets Control (OFAC) is responsible for administering and enforcing the United States’ economic and trade sanctions. OFAC works to prevent sanctions-targeted countries, regimes and individuals from perpetrating financial crimes, such as money laundering or terrorism, and peripheral crimes, such as drug trafficking and weapons proliferation.

AML/CFT Regulations

The Bank Secrecy Act: Introduced in 1970, the Bank Secrecy Act (BSA) is the United States’ most important anti-money laundering law. The BSA is intended to combat money laundering and ensure that banks and financial institutions do not facilitate or become complicit in it. The BSA imposes a range of compliance obligations on firms operating within US jurisdiction, including a requirement to implement a risk-based AML program with appropriate customer due diligence (CDD) and screening measures and to perform a range of reporting and record-keeping tasks when dealing with suspicious transactions and customers. 

USA Patriot Act: The USA Patriot Act was passed in 2001 in the wake of the September 11 terror attacks. This legislation targets financial crimes associated with terrorism and expands the scope of the BSA by giving law enforcement agencies additional surveillance and investigatory powers, introducing new screening and customer due diligence measures and imposing increased penalties on firms or individuals found to be involved in terrorism financing. The USA Patriot Act includes specific provisions and controls for cross-border transactions in order to combat international terrorism and financial crime.

In addition to the BSA and the USA Patriot Act, firms should be familiar with other important US AML/CFT regulations. These include:

• Money Laundering Control Act 1986
• Money Laundering Suppression Act 1994
• Money Laundering and Financial Crimes Strategy Act 1998
• Suppression of the Financing of Terrorism Convention Implementation Act 2002
• Intelligence Reform and Terrorism Prevention Act 2004

Consequences of Noncompliance With AML Regulations

The potential impact of noncompliance with AML laws and regulations in the US depends on a variety of factors, but in the most serious cases, breaches can result in both criminal and civil penalties, fines and prison terms. Under the BSA, penalties may be imposed on each branch or location found to be violation of AML regulations and for each day that the violation occurs. BSA fines may range from $10,000 per day (for failures to report foreign financial agency transactions) to $100,000 per day (for failures in customer due diligence). Breaches in AML law are also likely to result in the forfeit of assets and funds involved in the criminal activity. 

The consequences of noncompliance with AML regulations are not restricted to financial penalties and prison terms. Firms that are found to have broken AML/CFT laws often suffer reputational damage and may have to operate under restrictions imposed by the US Treasury Department.   

How To Comply With US AML/CFT Regulations

Under the Bank Secrecy Act and the USA Patriot Act, banks and financial institutions must take a risk-based approach to AML/CFT and implement the following compliance measures:

AML program: Firms must develop and implement an internal AML/CFT program designed to match the risk profile of their customers and business sectors. The program should consist of written policies and procedures detailing the firm’s approach to: 

• Customer due diligence
• Transaction screening and monitoring
• Adverse media and PEP screening
• Sanctions screening

Reporting and Record-Keeping: In compliance with the BSA, firms must maintain detailed records on their customers and submit reports to the BSA when their customers engage in certain transactions or financial activities. Amongst these responsibilities is the submission of suspicious activity reports (SARs) for transactions over $5,000 or for transactions that are suspected to be in violation of the BSA. 

Compliance Officer: An individual employee should be appointed as chief compliance officer to oversee their firm’s AML program and be responsible for arranging audits. The designated AML officer must have sufficient authority (ideally management level) and professional experience to carry out their duties effectively. 

BSA Training: Firms should ensure their employees receive the training they need to fulfill their compliance responsibilities. Firms must also ensure a schedule is in place to deliver ongoing training to employees in line with changes to AML laws. 

Automated Compliance

For firms operating in the US, BSA-AML compliance presents a significant administrative challenge. Performing manual CDD and screening checks requires time and resources and carries the ongoing possibility of costly human error. To overcome that problem, many firms choose to automate their AML program with a range of smart technology tools designed to complement the expertise of their employees. By adding efficiency and accuracy to the process, AML automation not only represents a way to reduce friction for customers but to help US firms continue to deliver the standards of regulatory compliance that FinCEN expects.

What Is Know Your Client (KYC)?

The Know Your Client or Know Your Customer is a standard in the investment industry that ensures investment advisors know detailed information about their clients’ risk tolerance, investment knowledge, and financial position. KYC protects both clients and investment advisors. Clients are protected by having their investment advisor know what investments best suit their personal situations. Investment advisors are protected by knowing what they can and cannot include in their client’s portfolio. KYC compliance typically involves requirements and policies such as risk management, customer acceptance policies, and transaction monitoring.

Understanding Know Your Client (KYC)

The Know Your Client (KYC) rule is an ethical requirement for those in the securities industry who are dealing with customers during the opening and maintaining of accounts. There are two rules which were implemented in July 2012 that cover this topic together: Financial Industry Regulatory Authority (FINRA) Rule 2090 (Know Your Customer) and FINRA Rule 2111 (Suitability). These rules are in place to protect both the broker-dealer and the customer and so that brokers and firms deal fairly with clients.

The Know Your Customer Rule 2090 essentially states that every broker-dealer should use reasonable effort when opening and maintaining client accounts. It is a requirement to know and keep records on the essential facts of each customer, as well as identify each person who has authority to act on the customer’s behalf.

The KYC rule is important at the beginning of a customer-broker relationship to establish the essential facts of each customer before any recommendations are made. The essential facts are those required to service the customer’s account effectively and to be aware of any special handling instructions for the account. Also, the broker-dealer needs to be familiar with each person who has authority to act on behalf of the customer and needs to comply with all the laws, regulations, and rules of the securities industry.

Suitability Rule

As found in the FINRA Rules of Fair Practices, Rule 2111 goes in tandem with the KYC rule and covers the topic of making recommendations. The suitability Rule 2111 notes that a broker-dealer must have reasonable grounds when making a recommendation that is suitable for a customer based on the client’s financial situation and needs. This responsibility means that the broker-dealer has done a complete review of the current facts and profile of the customer, including the customer’s other securities before making any purchase, sale, or exchange of a security.

Establishing a Customer Profile

Investment advisors and firms are responsible for knowing each customer’s financial situation by exploring and gathering the client’s age, other investments, tax status, financial needs, investment experience, investment time horizon, liquidity needs, and risk tolerance. The SEC requires that a new customer provide detailed financial information that includes name, date of birth, address, employment status, annual income, net worth, investment objectives, and identification numbers before opening an account.

No Purchase Necessary Laws essentially prevent chance-based prize promotions from asking people to provide payment to enter, unless a free entry alternative is readily available.

While this is key information, it is important to remember that No Purchase Necessary Laws don’t apply in every country, and what is actually considered ‘payment’ can vary quite substantially.

To help you find the No Purchase Necessary Laws that apply to your promotion, we’re going to take you through some country-specific laws.

If you’re running an international promotion it’s generally a good idea to comply with the laws and regulations of each country your promotion can be entered from.

• U.S.A.’s No Purchase Necessary Laws
• U.K.’s No Purchase Necessary Laws
• Canada’s No Purchase Necessary Laws
• Australia’s No Purchase Necessary Laws
• New Zealand’s No Purchase Necessary Laws
• No Purchase Necessary Laws Around the World

U.S.A.’s No Purchase Necessary Laws

The No Purchase Necessary laws in the U.S.A. are fairly straightforward. If you are running a promotion where winners are chosen randomly you cannot ask for a purchase or other forms of consideration as an entry unless you also offer a free entry alternative.

If you run a skill-based contest where winners are selected based on merit, you are free to ask for purchases or any other form of consideration.

However, there are some exceptions to this rule. Colorado, Maryland, Nebraska, North Dakota and Vermont all prohibit purchase requirements, even in contests where winners are chosen on their merit.

Promotions run by private businesses are governed by different laws depending on which state you operate in, so checking out your local laws or consulting a lawyer is always a good idea.

Running a contest or giveaway is a brilliant (and surprisingly cost-effective) way to engage your audience, generate fresh leads and drive a ton of meaningful actions.

Any time you run a contest or giveaway it’s important to exercise a degree of caution and ensure you’re complying with any relevant laws that may apply. One of the most important laws you should be aware of when running a prize promotion are No Purchase Necessary Laws.

In this guide we’ll walk you through everything you need to know about No Purchase Necessary Laws and answer all the questions you might have.

We’ll cover:

• What Are No Purchase Necessary Laws?
• What Types of Prize Promotions Do They Apply To?
• What Are the No Purchase Necessary Laws in My Country?

What Are No Purchase Necessary Laws?

No Purchase Necessary Laws are laws in some countries that prohibit chance-based prize promotions from incentivising entrants to make a payment, complete a purchase, or provide other forms of consideration.

These laws exist in the U.S. and several other countries around the world, and while they differ from country to country, they generally state that if you a running a giveaway, sweepstakes, contest or any other type of prize promotion where winners are determined by chance, you cannot:

1. Require people to make a purchase in order to enter your promotion.
2. Allow entrants to increase their chances of winning by making a purchase.

What is Consideration?

In several countries, including the U.S., No Purchase Necessary Laws operate around the idea of “Consideration”. As we mentioned above, you may be at risk of violating No Purchase Necessary Laws if you are running a chance-based prize promotion that requires entrants to make a purchase or otherwise provide consideration.

Consideration refers to ways people can “buy” entries through monetary, and occasionally non-monetary actions.

• Monetary actions are ways people can enter promotions that require them to make a financial contribution. This can include purchasing a product or buying a lottery ticket.
• Non-monetary actions are ways people can enter promotions that require them to forfeit a significant amount of time. This can include having to fill out an in-depth survey or make multiple visits to a store. Non-monetary actions are infrequently counted as consideration and typically exist in a grey area if they are.

Remember, what does and doesn’t count as consideration varies between states and countries. In the U.S. purchasing a product is considered consideration, but in other countries such as the U.K. and New Zealand purchasing a product isn’t consideration unless the price of the product has been inflated to include an ‘entry fee’.

To see the No Purchase Necessary Laws in your country you can take a look at our helpful summary table, and if you need further information on laws and consideration requirements in your area it as a good idea to check your local laws or consult a lawyer.

Alternate Methods of Entry

If you’re running a chance-based prize promotion in a country with No Purchase Necessary Laws it doesn’t necessarily mean you can’t ask users to make a purchase, it just means that you can’t:

• Make it mandatory for entrants to make a purchase.
• Give extra entries or increase the likelihood of winning for entrants who do make a purchase.

Basically, you can still ask users to enter your giveaway by making a purchase as long as you offer a Free Alternate Method of Entry.

Alternate Methods of Entry (AMOE) are free and easy ways that users can enter promotions instead of making a purchase. So if you’re running a chance-based promotion that lets people enter by buying your product you should make sure you also offer a free way for people to enter instead of making a purchase that awards them the same number of entries.

When you offer a free entry alternative the purchase is no longer mandatory and no longer gives people increased odds of winning your prize, which means that your promotion is no longer in violation of No Purchase Necessary Laws.

You just need to make sure people can’t get entries for making a purchase and completing your AMOE, as that would still give people who make a purchase a distinct advantage and put you back to square one.

Some common types of AMOE are entering via email, mail, or completing an online form. If you run your giveaway with Gleam’s easy-to-use Competition’s app we can automatically add an Alternate Method of Entry to any campaign that can be entered by making a purchase.

The AMOE will be automatically added to your campaign’s Terms and Conditions in any country where No Purchase Necessary Laws apply, completely taking the hassle out of having to create and manage your own free entry alternative. Have a play with our demo below to see our free entry alternative in action:

​

Running a contest or sweepstakes is an effective way to drive your business goals. Digital promotions are a strong strategy for engaging with your audience. They help drive actions, grow your brand, and accelerate your marketing.

However, there are a lot of legal considerations to be made with running a contest or sweepstakes. In many countries, contests, sweepstakes or giveaways, lotteries, and raffle promotions that include a prize create a confusing landscape for marketers. 

Without the right legal administration, your promotion could mistakenly violate the law or be considered an illegal lottery.

Running a Giveaway / Sweepstakes

Sweepstakes (also commonly referred to as “Giveaways”) are one type of promotion that can keep your business in compliance of No Purchase Necessary laws. Sweepstakes promotions consist of three key features:

1. The promotion gives entrants a chance at winning money or a prize with value.
2. Winners are selected by chance, at random.
3. Anyone can enter without making a purchase or providing consideration. 

As you may have noticed, these types of promotions are very similar to lotteries. With the exception of the third requirement (entry without purchase or consideration).

Running a Contest

Contest promotions typically require a skill or criteria to be fulfilled by entrants. For a promotion to be deemed a contest, entries must pertain to skills and winners chosen on merit. There’s a difference between Sweepstakes and Contests – Unlike sweepstakes, contests winners are NOT chosen randomly. 

Typically, contests are judged by either the host, community voting, or selected by a third party (such as a contest administration company or prize fulfillment service). Contests by nature remove the random drawing of winners, which is one of the three key traits of a lottery. By doing this, contests do not conflict with No Purchase Necessary laws.

We’ve got some examples of contests within our case studies, including an LG and Netflix sponsored “B&Binge” contest. Other examples of contests include:

• Photo Contests
• Video Contests
• Texted-based Contests, such as tweeting the best joke

Contest campaigns are excellent for generating user-generated content for your brand, expanding your reach to new audiences, and curating content for future marketing efforts.

Who Regulates Promotions in the US?

The Federal Trade Commission

Commonly referred to as the FTC, the Federal Trade Commission is a government body that serves and protects American consumers. They conduct investigations on consumer complaints, including those involving illegal lotteries. 

For any sweepstakes or contests scams, fraud, and lottery-like activity investigated and uncovered by the FTC, perpetrators can be prosecuted, charged, and penalized by local and federal governments.

The Federal Communications Commission

The Federal Communications Commission (FCC) regulates the media in the United States. In relevance to promotions, they have the authority to cease any advertising that promotes illegal lotteries or scams. In addition, they will take action against deceptive marketing (such as misleading prizes). 

The FCC operates much like the FTC, following consumer complaints and stepping in with an investigation and taking legal action against any foul-play.

State Laws

Promotions can be governed different depending on the state they are operating in. We recommend consulting a legal administrator for sweepstakes and contests to ensure compliance in the states, regions, or countries you wish to execute your promotion in.

Conclusion 

Digital promotions are excellent for supporting many different business goals. Before introducing one into your marketing, it’s important to understand topics such as sweepstakes laws, promotion laws, and other legal barriers that could land your business in hot water.

No Purchase Necessary Laws are intended to protect consumers, however, Alternate Means of Entry (or AMOE) clauses can help keep your promotion compliant while strengthening your goals. There’s a very thin line separating sweepstakes and contests from becoming illegal lotteries. Consulting a legal administration partner is the best course of action to ensure your promotion does not violate any federal or state laws. 

At Realtime Media, we facilitate all aspects of running contests and sweepstakes from initial development to prize fulfillment services. Our expert legal team can draft official rules for your promotion and is bundled with our all-in-one PromoPick solution. PromoPick is trusted by some of America’s largest brands looking for a fast and cost-effective way to launch a contest or sweepstakes.

Skill based gaming law and regulation

Together with a new set of games of skill landing in casinos worldwide lawyers are working overtime. All with one question in their mind; “How can we add paid games of skill legally in casinos?“.  Meanwhile thinking; “Players need a chance, the Random Number Generator needs to part and player-skills can influence the game…”

Skill based games are fundamentally different than the traditional casino games of chance. The definition of games of chance consist of three elements;

1. participants can win cash money or a prize;
2. to be able to participate and win the player needs to pay an ‘entrance/participation’ fee;
3. the outcome of the game is always determined on the basis of chance

Traditional casino games are for 99% based on chance. There are strict regulations for gambling since the early 1900’s. New type of games require new legislation. When combining skill and chance a whole new concept is born. Legal specialist all over the world are writing new skill gaming legislation together with Gaming Authorities.

The USA, United Kingdom and common gambling jurisdictions like Alderney, Gibraltar and the Canadian Kahnawake were leading and since early 2016 skill based gaming law is in place in many countries, So you can enjoy skill based gambling too!

The Legality of Skill Gaming

October 03, 2020 09:59

Follow

Skill-based gaming has a well-established legal, social and commercial history. From classic board games to major sports tournaments, games of skill have long offered participants a chance to compete based on one’s ability. Today, games of skill are available on most major media sites like AOL, MSN, and Yahoo, and are complemented by an emerging electronic sports (eSports) industry that lets professional gamers compete in popular video games with real money at stake.

Skillz is a platform that advances this trend, enabling skill-based multiplayer tournaments on mobile devices while offering gamers the ability to compete for real prizes. Games powered by Skillz take the clear distinction as being games of skill — and not games of chance — a difference which makes Skillz tournaments legal in the majority of the United States.

Are Skill-based Tournaments Gambling?

Cash-based tournaments in games of skill are not considered gambling because the generally accepted definition of gambling involves three specific things: (1) the award of a prize, (2) paid-in consideration (meaning entrants pay to compete) and (3) an outcome determined on the basis of chance. Without all three of these elements, a competition that reward real prizes is not gambling. In the case of Skillz tournaments, outcomes are not determined by chance, but are rather achieved through a player’s skill or ability, making these tournaments legal in most U.S. states.

How are skill-based games different from chance-based games?

• Games of skill require a physical or mental ability and a learned capacity to carry out a result. These games commonly include the use of strategy, tactic, physical coordination, strength, technical expertise, or knowledge.

• Games of chance are games with an outcome strongly influenced by random chance or uncertainty. Common randomization devices include dice, playing cards, or numbered balls drawn from a container.

• Games of chance may have some skill, and games of skill may have some chance, however, most U.S. courts use either the predominance test or the material element test to look at the role that skill and chance each take in determining the outcome of the game.

The Predominance Test

The predominance test is the most commonly used indicator of whether a game is skill- or chance-based. Under this test, one must envision a continuum with pure skill on one end and pure chance on the other. On the continuum, games such as chess would be almost at the pure skill end, while traditional slot machines would be at the pure chance end. Between these ends of the spectrum lie many activities containing both elements of skill and chance. A game is classified as a game of skill if the game falls predominantly closer to the skill end of the continuum.

The Material Element Test

The material element test is the second most commonly used test in the U.S. and is relied upon by 8 states to evaluate whether a game is skill or chance based. The test asks the question of whether chance plays a material role in determining a game’s outcome. As an example, in games like Minesweeper, a great deal of skill is generally exercised by players, but there are moments when players are forced to guess at random, with the results of that guess determining the winner and loser of the game. Skill predominates but chance plays the material role in determining the game’s outcome.

Where does Skillz offer real prize competitions?

In the U.S., the legality of skill-based competitions is determined at a state level and Skillz has taken extensive measures to ensure that its products are in full compliance with all the applicable laws. As of today, Skillz powers real prize competitions in roughly 80% of the world and 41 US states – the exceptions being Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. Additionally, real prize gameplay is currently not available in Maine and Indiana if playing cards are involved. Our virtual currency tournaments are available globally.

How does Skillz determine which games are skill-based?

Skillz has developed an advanced statistical model to evaluate whether a game is a game of skill. The model was developed by one of the world’s leading statisticians and can be used to analyze game results from almost any game, outputting the fractional importance of chance in determining a game’s outcome. The model has been validated and reviewed by the preeminent legal experts in the field of gaming and has been granted a U.S. patent.

To further remove randomness from games, Skillz has developed a sophisticated randomness replacement engine which can help “skillify” games that have some degree of chance embedded in them.

What happens if someone logs in from a place where real prize gaming is not legal?

For states where skill-based real prize gaming is not allowed, a player who logs in to Skillz will still be able to compete in virtual currency tournaments. Skillz uses the built-in GPS in a player’s smartphone in order to determine location and eligibility to play for real prizes.

Is your game a game of skill?

• Is skill the determining factor in the outcome of the game?
• Are tiebreakers handled based on skill?
• Does the game’s format allow a skilled player to have a consistent advantage over a non-skilled competitor?
• Is the game free of important decisions that can be made only by guessing?
• Are there defined rules without predetermined odds of success?
• Are random events removed as much as possible?

Skillz Compliance

Skillz provides a forum for safe, friendly, and competitive entertainment with monetary stakes tied to the competition of players at all levels. Skillz operates in full compliance with U.S. Federal and State laws, verifying the residency of anyone seeking to open an account and using IP address as well as other location-based services to determine a player’s eligibility for real prize competition.

All gamers must be at least 18 years old and their device location settings must be enabled to ensure Skillz eligibility.

Skill based gaming law – Games that depend on skill are socially accepted and completely legal in most of the countries. Hence they are commercially interesting for many companies worldwide. Card Games, Board Games and for a few decades Computer Games are widely available both off- and online. Since there is no money involved (except on first purchase) skill based gaming law is hardly necessary.

Popularity of skill based gaming comes with the ability for anybody to improve their skills and get better at the game one is playing. Multiplayer games (which most of the traditional skill-game are) have the element of competition that attracts players. Whilst with the ‘newer’ computer games one mainly competes against the software. Unless it is a multiplayer game like the best selling computer game Minecraft.  Or the popular football games like the entire FIFA series and Car race simulation games.

But time and games change, hence skill based gaming law is changing to.

• Skill based casino games
• Game Consoles
• Traditional Games of Skill

New generations demand new games. Hence the casino industry is developing ‘skill based casino games‘. Opposed to traditional Games of Chance the player can actually influence the outcome of games by applying skills.  A combination of luck, chance and skill make these games very interesting and for sure the coming years we will see most of the traditional casino games replaced by skill based casino games.

The player is no longer depending of pure luck and the outcome of the Random Number Generator to be able to win a game. Like with all skill games performance can improve by playing more often en thus sharpen your skills.

Do you think you got the skills required to win with these brand new and exciting games? Why not give it a try and click on the picture below and show your skills!

*As the outcome of these games are a combination of luck, chance and skills new skill based gaming law was required. Several countries have developed (or are developing)  new legislation and regulations for these type of games.

First, it helps to understand the difference between a sweepstakes, contest and lottery. In a sweepstakes, winners are chosen randomly from all participants. In a contest, the winners’ entries are usually judged and are based on a skill or criteria. In a lottery, winners are chosen at random, but in order to enter, the participant must pay. A payment is called a consideration. Only states can hold lotteries, so all private lotteries are illegal.

To avoid being classified as an illegal lottery in any state, your promotion can only have 2 of these 3 elements: prize, chance and consideration. Keep in mind, consideration can mean anything of value, including a fee or even a significant effort (i.e., time spent shooting/submitting a photo, etc.)

Here are possible combinations:

• Prize + consideration + chance = illegal lottery or gambling
• Prize + consideration = legal contest (in most jurisdictions)
• Prize + chance = legal sweepstakes

All sweepstakes in the United States must meet the following regulations:

1. No purchase necessary. You can enter the sweepstakes without buying a product or service.
2. Winners are required to pay taxes on prizes they win.

Text to Win Sweepstakes Compliance

• Text to Win sweepstakes are legal in all 50 states including the District of Columbia.
• All call-to-action statements (i.e., Text SWEEPKEY WORD to 65047 for a chance to win [prize description]) should follow with “Text message and data rates may apply.” disclaimer.
• Sweepstakes and Contest Abbreviated Rules statements should be included in all printed and digital marketing materials.
• The Sweepstakes or Contest Entry Page (page where participants enter contact information) should contain the following statement:
  • “You are providing signature, consent and agreement to receive marketing text (SMS) messages from the sponsor of this promotion. Message and data rates may apply. Reply STOP to end at any time. 4msgs/mo. max. Text HELP for help. Privacy Policy (url). Terms of Use (url). Official Rules (url).

States determine if the promotion is a sweepstakes or a contest by either the:

Material Test Element: when reviewing if chance or skill prevails in a promotion combining elements of both, this test determines the promotion as a chance based promotion if chance is an essential or important (i.e., material) component in the selection of a winner, even if chance does not dominate the selection of the winner as in the Dominant Factor Doctrine used by other states. 

Dominant Factor Doctrine: when reviewing if chance or skill prevails in a promotion combining elements of both, this test designates the promotion as a chance-based promotion if chance dominates the selection of the winner, even though skill or judgment may effect winner selection to some measure. 

Sweepstakes are regulated nationally and by state by the following organizations:

• Federal Trade Commission (FTC)
• Federal Communications Commission (FCC)
• United States Postal Service (USPS)
• United States Department of Justice (DOJ)

State Specific Sweepstakes & Contest Laws

Besides federal considerations, every state has its own specifics laws regarding sweepstakes and contests.

See state specific laws:  https://www.sweeppeasweeps.com/sweepstakes-and-contest-rules-by-state.html

* Must observe social media platform promotion guidelines.

Note: the information above is for informational purposes only and should not be construed as legal advice. Sweepstakes and Contest promotional laws change and the above may not reflect the must current laws.

Sources: Ala. Code 9-9-13, Alaska Stat. 11.66.280, Ariz. Rev. Stat. 13-3302, Ark. Code 4-102-106, Cal. Bus. & Prof. Code 17539.1, Colo. Rev. Stat. 6-1-803, Conn. Gen. Stat. 42-297, Contest and Sweepstakes Laws by Joy R. Butler,  Del. Code tit. 11, 1408, D.C. Code 3-1323, Fla. Stat. 849.094, Ga. Code 10-1-830, Haw. Rev. Stat. 712-1220, Idaho Stat. 18-3801, Comp. Stat. Ch. 815, Ind. Code 24-8-3-2, Iowa Code 714B, Kan. Stat, 21-6403, Ky. Rev. Stat. 365.055, L.A. Rev. Stat. 51:1721, Me. Rev. Stat. tit 17, Md. Code, Com. Law 13-305, Mass. Gen. Laws ch. 271, Mich. Comp. Laws 750.372a, Minn. Stat. 325F.755, Miss. Att’y Gen. Op. no. 94-0725, Mo. Ayy’y Gen. Op. No. 70-83, Mont. Code 30-14-1403, Neb. Rev. Stat. 86-228, Nev. Rev. Stat. 598.135, N.H. Rev. Stat. 358-O, N.J Stat. 5:19 and N.J. Att’y Op. 1-1980, N.M. Code R. 12.2.2.6, N.Y. Gen. Bus 369-ee, N.C. Gen. Stat. 75-33, N.D. Att’y Gen. Op no. 98-L-132 and 98 and N.D. Cent Code 53-11-02, Ohio Rev. Code 4719.01, Okla. Stat. 21-996.1, Or. Admin. R. 137-020-0430, 73 P.S. 2241-2249, R.I. Gen. Laws 42-61-1, S.C. Code 37-15-10, S.D.C.L 37-32-1, Tenn. Code 47-18, Tex. Bus & Com 621, Utah Code 13-28-1, Vt. Stat. tit. 13 2143b, Va. Code. 59.1-415, Wash. Rev. Code 19.170.020, W. Va. 46A-6D-1, Wis. Stat. 945.01(5)(b)2, Wis. Stat. 100.171(3) (2014), Wyo. Stat, 40-12-201 (2014), Contest and Sweepstakes Laws by Joy R. Butler 

State Laws State prize and gift notification laws also regulate the offering of sweepstakes, gifts, prizes, and premiums. Such regulation may include specific disclosure requirements for sweepstakes and contests, prohibitions on conditioning the receipt of prizes or gifts on the purchase of a product, prohibitions on “everybody wins” sweepstakes and restrictions on the use of simulated checks. Many of these state laws also impose various disclosure requirements on the offering of gifts or premiums. Alabama: Sweepstakes Solicitations – Ala. Code §§ 8-19D-1 to 8-19D-1 (2006). Arkansas: Prize Promotion Act – Ark. Code. Ann. §4-102-101 to 4-102-109 (2006). California: Prize Notification – Cal. Bus. & Prof. Code § 17537 (2006); Solicitation materials containing sweepstakes entries – Cal. Bus. & Prof. Code § 17539.15 (2006); Unlawful advertising; conditional offer of prizes or gifts – Cal. Bus. & Prof. Code §§ 17537 – 17537.1 (2006). Colorado: Sweepstakes and Contests – Colo. Rev. Stat. §§ 6-1-802 to 6-1-804 (2006). Connecticut: Sweepstakes – Conn. Gen. Stat. §§ 42-295 to 42-300 (2006). Florida: Game Promotion Registration Law – Fla. Stat. Ann. § 849.094 (2006). Georgia: Fair Business Practices Act – Ga. Code Ann. §§ 10-1-392 to 10-1-393 (2006). Hawaii: Offers of gifts or prizes; unlawful – Haw. Rev. Stat. § 481B-1.6 (2006). Illinois: Prizes and Gifts Act – Ill. Comp. Stat. Ch. 815 §§ 525/1 – 525/35 (2006); Offers of free prizes, gifts or gratuities; disclosure of conditions – Ill. Comp. Stat. Ch. 815 § 505/2P (2006). Indiana: Promotional Gifts and Contests – Ind. Code Ann. §§ 24-8-1-1 to 24-8- 6-3 (2006). Iowa: Prize Promotions – Iowa Code §§ 714B.1 – 714B.10 (2006). Kansas: Prize Notification – Kan. Stat. Ann. § 50-692 (2006). Kentucky: Use of mailed document purporting to inform of winning a prize – Ky. Rev. Stat. Ann. § 365.055 (2006). Louisiana: Promotional Contests – La. Rev. Stat. Ann. §§ 51:1721 – 51:1725 (2006). Maryland: Offers of conditional prizes; exceptions – Md. Code Ann. Com. Law I § 13-305 (2006). Michigan: Lotteries – Mich. Comp. Laws § 750.372a (2006). Minnesota: Prize notices and solicitations – Minn. Stat. § 325F.755 (2006). Nevada: Sales Promotions – Nev. Rev. Stat. §§ 598.131 – 598.139 (2006). New Hampshire: Prizes and Gift Act – N.H. Rev. Stat. Ann. §§ 358-O:1 to 358- O:10 (2006). New Jersey: Notification to person that he has won prize and requiring him to perform act – N.J. Stat. Ann. § 56:8-2.3 (2006). New Mexico: Game Promotion Regulations – N.M. Admin. Code tit. 1 §§ 2.2.7 – 2.2.13 (2006). New York: Game Registration Law – N.Y. Gen. Bus. Law § 369-e (2006); Prize Award Schemes – N.Y. Gen. Bus. Law § 369-ee (2006). North Carolina: Prize Presentation Law – N.C. Gen. Stat. §§ 75-32 to 75-34 (2006). North Dakota: Contest Prize Notices – N.D. Cent. Code §§ 53-11-01 to 53-11- 05 (2006). Ohio: Prizes – Ohio Admin Code § 109:4-3-06 (2006). Oklahoma: Consumers Disclosure of Prizes and Gifts Act – Okla. Stat. tit 21 §§ 996.1 – 996.3 (2006). Oregon: Contest, Sweepstakes and Prize Notification Rules – Or. Admin. R. §§ 137-020-0410 to 137-020-0460 (2006). Rhode Island: Prizes and Gifts Act – R.I. Gen. Laws §§ 42-61.1-1 to 42-61.1-9 (2006); Games of Chance Registration Act – R.I. Gen. Laws §§ 11-50-1 to 11-50- 8 (2006). South Carolina: Prize and Gift – S.C. Code Ann. §§ 37-15-20 to 37-15-100 (2006). South Dakota: Sweepstakes Prizes – S.D. Codified Laws §§ 37-32-1 to 37-32- 18 (2006). Tennessee: Promotions or inducements to sell goods, services or other products – Tenn. Code Ann. § 47-18-120 (2006); Prizes – Tenn. Code Ann. § 47- 18-124 (2006). Texas: Contests and Gift Giveaways – Tex. Bus. & Com. Code Ann. §§ 40.001 – 40.005 (2006). Utah: Prize Notices Regulation Act – Utah Code Ann. §§ 13-28-1 to 13-28-9 (2006). Vermont: Contests and Sweepstakes – Vt. Stat. Ann. tit. 13 § 2143b (2006). Virginia: Prizes and Gifts Act – Va. Code Ann. §§ 59.1-415 to 59.1-423 (2006). Washington: Promotional Advertising of Prizes – Wash. Rev. Code §§ 19.170.010 to 19.170.900 (2006). West Virginia: Prizes and Gifts Act – W. Va. Code §§ 46A-6D-1 to 46A-6D-10 (2006). Wisconsin: Prize Notices – Wis. Stat. § 100.171 (2006). Wyoming: Promotional Advertising of Prizes – Wyo. Stat. Ann. §§ 40-12-201 to 40-12-209 (2006).