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8/26/2024

Grossing Up the Prize

Big prizes are exciting and can drive significant traffic to your promotion, helping you meet your KPIs. However, some winners may struggle to accept a large and expensive prize, like a trip to Paris or a new car, due to the tax implications of accepting such a prize.

The winner may not even be aware that the $50,000 car they thought they won isn’t really free to them – they actually have to pay both federal and (if applicable) state income taxes on it. So instead of receiving a free car, they could now have a tax bill of $17,000 (if they are in California) if they decide to keep the car. Suddenly, the excitement dissipates.

To address this concern, consider “grossing up the prize” if your budget allows. This involves providing additional funds to cover the taxes, making the prize more manageable for the winner. While there's no legal obligation for sponsors to do this, it can significantly enhance the winner's experience with your brand. By alleviating the financial burden of taxes, you create a more positive and memorable winning experience, avoiding the shock of a hefty tax bill later on.

Benefits for your Brand

Grossing up the prize offers several important benefits for your brand, including:

Grossing up prizes in a sweepstakes demonstrates a brand’s understanding and empathy for its consumers, fostering a sense of appreciation and trust. By contributing towards the tax burden of their prize, the brand creates a positive experience that resonates, encouraging future engagement. This thoughtful gesture reinforces the brand’s reputation as generous and customer-focused, leading to increased brand loyalty.

Prizes are more likely to be awarded to your initial winner so you can announce your winners in a timely manner, fulfill your prizes swiftly, and avoid delays related to alternate selection.

Entrants and winners are put on notice that a tax bill will be coming, which eliminates any surprise or disappointment that might arise from unexpected tax obligations. (Of course they are told this, but sometimes they only hear or read what they choose.)

By planning ahead and considering this, you can tailor your prize to your overall prize budget and offer winners a great package.

Approaches for Determining the Amount

How much do we need to offer? Great question! The good news is that there is not a specific amount mandated. Most winners will be appreciative of anything that is provided. At Realtime Media we are here to help you explore your options and provide guidance. Just ask us!

Here are some examples to illustrate different approaches:

Round Numbers:

Some sponsors like the whole prize package to come out to an even number, so they could give away a car valued at $48,000 and a check for $20,000 that may be used toward taxes – total Approximate Retail Value (“ARV”): $68,000.

Specific Budget:

Others may have a specific budget and may be deciding whether to offer a more value-priced trip for four people with no gross up for taxes or a more luxury trip for two people and back out a certain amount that may be used toward taxes, for the same overall investment in prizing.

Tax Impact Estimation:

Still others may want to really try to estimate the actual tax impact on the winner and cover as much as they can, within their budget.

There are formulas that can help with this, though they involve estimates and assumptions involved, given everyone’s financial situation is different. One simple method is to calculate 30% of the prize value. For example, if the prize is worth $10,000, a $3,000 gross-up check can be added for a total prize value of $13,000.

[Prize value] x .30 = Amount of Gross Up Check.

Prize + amount of check = total prize value.

There are methods that also factor in the taxes on the gross up.

The more complex and accurate formula takes into consideration that the winner will ALSO be taxed on the check / gross-up portion of the prize. Using the same theoretical $10,000 prize as above, we divide by .7 to get the total ARV of the prize. This assumes the same estimated 30% range.

Step 1. Calculate the total value of the prize:

[Prize Value] / .7 = TOTAL ARV of the prize

$10,000 / .7 = $14,285.71

The total value of the prize using this formula comes out to $14,285.71. To get the amount of the gross-up check, you need to subtract out the original prize value. With this calculation, the prize is $10,000 and the check is for $4,285.71 (or any close number that the sponsor wants to offer).

Step 2. Calculate the gross-up check:

[Gross-up Check] = [Total ARV of the prize] – [Prize Value]

$4,285.71 = $14,285.71 - $10,000

The reason the check is higher in this case than in the example above is that the formula accounts for the taxes on the gross-up and provides the most generous estimate of the amount to include. By grossing up the prize value, the prize itself is adjusted to cover the tax liability; the winner doesn’t have to pay taxes out of their own pocket.

Let us help you ideate great prizes and where desired and appropriate, assist you in “doing the math” to help determine whether to add funds for the winner to lighten their tax burden when accepting your prize and how to think about what the “just right” amount to offer may be.

Did You Know?

Here’s a little more about taxes and prizes:

Almost all promotion prizes are subject to taxation, even if they are very small, such as a $10 t-shirt. Winners are responsible for reporting winnings to the IRS as Miscellaneous Income.

If a winner is from the U.S. [if not, there are more nuanced rules] and if the prize is valued at $600 or more, the Sponsor is required to collect the winner’s social security number, to issue a 1099 related to the prize, and to report the prize value to the IRS. If Realtime Media is the Administrator of your promotion, we can likely help you with some or all of these responsibilities.

Conclusion

Grossing up a prize to provide extra funds that a winner may use toward the taxes that will come due on their prize from your contest or sweepstakes is a thoughtful and helpful way to encourage prize acceptance and make your winner feel well cared for. While you need not offer anything toward taxes, if you’d like to discuss options for doing so, Realtime Media can help!

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

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

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

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

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

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

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.

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
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
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
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
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
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.
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.