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10/19/2018

Instagram Updates and How They Will Affect User-Generated Content Campaigns

"The rumors of my death have been greatly exaggerated."

Maybe the next Mark Twain is on Instagram, maybe not. But either way, his timeless quote felt like a fitting way to kick off a quick summary of Instagram's recent data policy changes and what it means for the future of Instagram promotions including user-generated content sweepstakes and contests.

Instagram and parent organization Facebook have had a tumultuous couple of months, primarily around privacy and data control. In the wake of the Cambridge Analytica scandal where personal data including interests, political preferences and private messages of up to 87 million Facebook members were made accessible through standard Facebook data permissions at the time. Adding the EU's new General Data Protection Regulation (GDPR, for short) launching around the same time, it seemed inevitable many social network companies would have to change.

Instagram's Changes Protecting Public Access to Users' Data

And change they did. In April, Instagram accelerated the timeline for planned changes to their API, removing the ability to capture most public profile information and reducing API call frequency from 5,000 calls per hour to just 200. They also announced that all ability to read any public profile information will be disabled by December 11th. These changes, of course, proved a bit troubling to us and our clients. Next, Instagram is planning to shut down the same calls we presently rely on to pull hashtags from posts for users that participate in sweepstakes and contests.

Learning and Developing

To make things even more challenging, it's been difficult to find concrete information from Instagram about exactly what is changing. With the only official statement coming by way of API documentation update, we've had to rely on word of mouth and the blogosphere (is that still a thing?). Fortunately, following a ton of hard work from our team we've moved from fearing the end of user-generated content as we know it, to appreciating a whole new world of possibilities.

The Rise of @Mentions and Tagging for More Genuine Social Connections

Beginning in December 2018, Instagram will be changing to the new and improved Instagram Graph API, which was built on Facebook's Graph API, and retiring the current API. Although hashtags will still be available, the database structure will no longer separate them from post text, making it nearly impossible to search, parse, or pull hashtagged posts from all of Instagram.

However, this opens up an entirely new set of capabilities for brands to drive meaningful interactions with consumers and Followers.

Run Contests and Sweepstakes to Incentivize Social Engagement

The new API allows you to aggregate and display Instagram content for an account that has been @Mentioned in a Photo Tag, Caption or Comment, enabling their network to participate in sweepstakes and contests. Our platform will then listen for the mention of your account's handle and pull in this more focused set of Instagram interactions. We can then parse a hashtag out of that post or comment's text to ensure that their intent is to participate in the sweepstakes or contest you are running. This is an improvement over using just hashtags because you get to filter out any unwanted content that has hashtag spam. It's a form of "2 -step verification" if you will.

Prepare for the Instagram Graph API transition

Here's what you need to do to make sure your Instagram Account is ready for the API upgrade:

  1. Ensure your Instagram Account is a "Business Account"
  2. Any influencers that post as part of your social selling strategy should ensure they also have an Instagram "Business Account"
  3. Connect your Facebook Business Page with your Instagram Business Account, following the two steps shown below:

The future for user-generated content

It’s impossible to predict how platforms will change, though it's exciting to figure out new ways to create amazing promotions. While we were initially a bit concerned on what these API changes would mean, we are now incredibly excited for the potential. Moving engagement to incentivize the community to mention a brand directly will drive deeper engagement and lead to the meaningful relationships key for any successful business.

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.