4/4/2018
Are you GDPR ready? We are.
This blog post was updated on December 20, 2018 to reflect changes to GDPR legislation spreading from the EU to the United States.
On May 25, 2018, Companies who collect data on citizens in the European Union countries will have to comply with a new law protecting consumer data. The General Data and Protection Regulation (GDPR) will set a new standard for consumer rights and protecting personal data.
The new GDPR law will affect not only those in the EU but those who do business and have consumers in the EU. To ensure you are following all precautionary measures, Realtime Media has carefully analyzed GDPR requirements and who it will directly affect.
Who does the GPDR affect?
The GDPR will affect companies who store or process personal information about EU citizens, even if they do not have a business presence within the EU.
You are required to comply with the new law if…
- Established in an EU country
- Not present in an EU country, but still process personal data of European residents
- As EUGDPR’s website mentions, “It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location."
Additionally, Vermont has recently passed a law similar to GDPR. Beginning on January 1st, 2019, any digital promotions open to residents of Vermont must implement GDPR controls. California has also passed a similar law, which will go into effect on January 1st, 2020.
What type of Privacy data does GDPR protect?
- Web data such as location, IP address, cookie data and RFID tags
- Basic identity information such as name, address and ID numbers
- Sexual orientation, racial or ethnic data, health and genetic data
- Public opinions
How is RTM Preparing?
- Our entire organization is aware of the new law and we are carefully assessing our data processing and storage practices to ensure the safety of our client's data and secure information.
- Our internal and external processes are being analyzed to identify the impacts of the GDPR.
- We are updating our privacy notice and including the new requirements mentioned in the ICO.
- We will move forward with utilizing unticked opt-in boxes for email and text message alerts. If consumers opt-in, we will let them know they have the right to withdraw at any time by making it just as simple as it was to opt-in, to opt-out. There are alternatives to consent, which can be found on ICO’s GDPR consent guidance
Realtime Media is taking active measures to make sure all regulations and guidelines are being satisfied. As North America's leading digital promotions company, we work with many international brands. Our technical teams are ensuring preparedness to handle all compliance requests on behalf of our clients and consumers entering our contests and promotions.
If you have any additional questions or need more information on Realtime Media's GDPR compliance, please email us at hello@rtm.com.
Contests and sweepstakes are powerful tools for audience engagement and achieving marketing goals.
In the U.S., both federal and state laws govern these promotions, with some states imposing unique requirements that can significantly impact how promotions are structured. This guide provides an overview of states that align with general federal guidelines versus those with specific, additional regulations.
Looking for Specific State Laws?
Our expert legal team can guide you to ensure that your promotion is fully compliant with state and federal laws.
Key Regulations Every Nationwide Promotion Must Follow
Understanding the foundational regulations is the first step to a legally compliant sweepstakes or contest:
- Sweepstakes
Based on chance, sweepstakes must comply with strict legal guidelines to avoid being classified as illegal lotteries. - Contests
These are skill-based and have distinct legal criteria focused on clear, fair judging standards
Visit our blog, Sweepstakes vs. Contests: Key Differences Every Marketer Should Know, to find out more about the differences between Sweepstakes and Contests.
In your sweepstakes official rules, it’s also essential to include “no purchase necessary language” and offer an alternative method of entry (AMOE), where needed.
Additionally, here is an overview of the key legal considerations essential for a successful and compliant promotion: Navigating the Key Legal Requirements for Sweepstakes.
Contact us today to leverage our expertise in legal promotion administration.
Your Guide to State-Specific Sweepstakes and Contest Laws
State-Specific Promotion Law
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Alabama
Colorado
Hawaii
Kansas
Massachusetts
Montana
New Mexico
Oklahoma
South Dakota
Virginia
Alaska
Connecticut
Idaho
Kentucky
Michigan
Nebraska
New York
Oregon
Tennessee
Washington
Arizona
Delaware
Illinois
Louisiana
Minnesota
Nevada
North Carolina
Pennsylvania
Texas
West Virginia
Arkansas
Florida
Indiana
Maine
Mississippi
New Hampshire
North Dakota
Rhode Island
Utah
Wisconsin
California
Georgia
Iowa
Maryland
Missouri
New Jersey
Ohio
South Carolina
Vermont
Wyoming
Alabama
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Alaska
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Arizona
additional requirements
Additional registration requirements for certain Contests. Otherwise, contests and sweepstakes for this state are required to follow the same laws found throughout the United States
Arkansas
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
California
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Colorado
additional requirements
In Colorado, contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Connecticut
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Delaware
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Florida
additional requirements
For sweepstakes offering total prize values that exceed $5,000, the sweepstakes final rules must be bonded and registered 7 days prior to the start of the sweepstakes. In some instances, the Sponsor may have the right to a waiver in lieu of obtaining a bond. In addition, sponsors are required to file a final winners list with the state.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Georgia
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Hawaii
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Idaho
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Illinois
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Indiana
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Iowa
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Kansas
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Kentucky
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Louisiana
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Maine
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Maryland
additional requirements
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Massachusetts
additional requirements
Specialized trade practices apply for tobacco-related promotions. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Michigan
additional requirements
Asking entrants to visit a store is technically classified as consideration and is prohibited for sweepstakes.Specialized trade practices apply for tobacco-related promotions.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Minnesota
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Mississippi
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Missouri
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Montana
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Nebraska
additional requirements
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria.Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Nevada
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
New Hampshire
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
New Jersey
additional requirements
Specialized trade practices apply for tobacco alcohol-related promotions. Contests and sweepstakes for this state are required to follow the same laws found throughout the United States
New Mexico
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
New York
additional requirements
For sweepstakes offering total prize values that exceed $5,000, the sweepstakes final rules must be bonded and registered (technically 30 days) prior to the start of the sweepstakes. In addition, sponsors are required to provide a final winners list.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
North Carolina
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
North Dakota
additional requirements
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria.
Outside of this contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this contests and sweepstakes are required to follow the same laws found throughout the United States
Ohio
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Oklahoma
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Oregon
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Pennsylvania
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Rhode Island
additional requirements
Sweepstakes in which a retail establishment offers a prize in order to promote its retail business, where the total value of the prize offered is more than $500, must be registered. No bond is required.Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
South Carolina
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
South Dakota
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Tennessee
additional requirements
Prohibits requiring any sweepstakes winner to submit a publicity release.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Texas
additional requirements
A sponsor may not automatically enter a consumer into a promotion when making a purchase without a clear, free, alternate method of entry.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Utah
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Vermont
additional requirements
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. In addition, sponsors cannot require consumers to pay for return postage if they request information about your promotion, such as a list of winners. Outside of this contests and sweepstakes are required to follow the same laws found throughout the United States
Virginia
additional requirements
Asking entrants to visit a store is classified as consideration and is prohibited for sweepstakes. Specialized trade practices apply for tobacco-related promotions.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States.
Washington
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
West Virginia
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Wisconsin
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Wyoming
general federal guidelines
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Select a state to view specific laws for that area.
ADDITIONAL REQUIREMENTS
general federal guidelines
In this guide, we highlight key states with notable regulatory distinctions.
Some states have different exceptions or laws regarding contest and sweepstakes regulations. The states that have the most prominent exceptions are below:
states with additional requirements
Arizona Contest & Sweepstakes Laws
Additional registration requirements for certain Contests. Otherwise, contests and sweepstakes for this state are required to follow the same laws found throughout the United States
Colorado Contest & Sweepstakes Laws
In Colorado, contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Florida Contest & Sweepstakes Laws
For sweepstakes offering total prize values that exceed $5,000, the sweepstakes final rules must be bonded and registered 7 days prior to the start of the sweepstakes. In some instances, the Sponsor may have the right to a waiver in lieu of obtaining a bond. In addition, sponsors are required to file a final winners list with the state.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Maryland Contest & Sweepstakes Laws
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Massachusetts Contest & Sweepstakes Laws
Specialized trade practices apply for tobacco-related promotions. Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Michigan Contest & Sweepstakes Laws
Asking entrants to visit a store is technically classified as consideration and is prohibited for sweepstakes.
Specialized trade practices apply for tobacco-related promotions.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Nebraska Contest & Sweepstakes Laws
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
New Jersey Contest & Sweepstakes Laws
Specialized trade practices apply for tobacco alcohol-related promotions. Contests and sweepstakes for this state are required to follow the same laws found throughout the United States
New York Contest & Sweepstakes Laws
For sweepstakes offering total prize values that exceed $5,000, the sweepstakes final rules must be bonded and registered (technically 30 days) prior to the start of the sweepstakes. In addition, sponsors are required to provide a final winners list.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
North Dakota Contest & Sweepstakes Laws
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. Most states allow purchase requirements within contests where winners are chosen based on skill or criteria.
Outside of this contests and sweepstakes are required to follow the same laws found throughout the United States
Rhode Island Contest & Sweepstakes Laws
Sweepstakes in which a retail establishment offers a prize in order to promote its retail business,
where the total value of the prize offered is more than $500, must be registered. No bond is required.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Tennessee Contest & Sweepstakes Laws
Prohibits requiring any sweepstakes winner to submit a publicity release.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Texas Contest & Sweepstakes Laws
A sponsor may not automatically enter a consumer into a promotion when making a purchase without a clear, free, alternate method of entry.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States
Vermont Contest & Sweepstakes Laws
Contests and sweepstakes are prohibited from requiring entrants to make a purchase or forms of consideration to enter a promotion. In addition, sponsors cannot require consumers to pay for return postage if they request information about your promotion, such as a list of winners. Outside of this contests and sweepstakes are required to follow the same laws found throughout the United States
Virginia Contest & Sweepstakes Laws
Asking entrants to visit a store is classified as consideration and is prohibited for sweepstakes. Specialized trade practices apply for tobacco-related promotions.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States.
Outside of this, contests and sweepstakes are required to follow the same laws found throughout the United States.
states with no additional requirements
Alabama Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Alaska Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Arkansas Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
California Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Connecticut Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Delaware Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
District of Columbia Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Georgia Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Hawaii Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Idaho Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Illinois Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Indiana Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Iowa Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Kansas Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Kentucky Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Louisiana Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Maine Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Minnesota Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Missouri Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Montana Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Nevada Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
New Hampshire Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
New Mexico Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
North Carolina Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Ohio Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Oklahoma Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Oregon Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Pennsylvania Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
South Carolina Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
South Dakota Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Utah Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Washington Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
West Virginia Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Wisconsin Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
Wyoming Contest & Sweepstakes Laws
Contests and sweepstakes for this state are required to follow the same laws found throughout the United States.
