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3/24/2022

Using Sweepstakes to Maximize Your First Party Data Strategy

As a brand, you’re always looking for more data. Information on your target audience’s demographics, habits and preferences informs everything from product design to marketing strategy and sales structure. But the richest, most useful data is customized to your company and not easily obtained. That’s where sweepstakes come in.

Digital marketing promotions like sweepstakes and instant win games offer a mutually beneficial exchange. Customers receive the opportunity to win an exciting, relevant prize in exchange for their time and information. Companies gain actionable first party data and the chance to build brand engagement and loyalty for the price of a promotion.

This exchange is especially important as consumers show a greater hesitancy to share their data. Recent research by KPMG found that 86 percent of respondents felt a growing concern about their data privacy, and 68 percent expressed fears about the amount of data being collected. Given this caution, and the move away from buying and selling third party data, it’s increasingly up to brands to collect first party data and make it worthwhile for their consumers.

DESIGNING YOUR DATA STRATEGY

Basic demographic information is useful, but the best — and most unique — data relates directly to your products without becoming too personal. Think menu preferences for a restaurant, hair type and texture for a hair products company or information on vacation styles for a cruise line.

You’ll want the questions to be relatively short and easy to answer. For example, an eyewear company might ask how often customers purchase new glasses, what color their glasses are, and if they wear sunglasses. This simple quiz could generate segmented marketing lists on which customers are wearing expired lenses, the style of products they might like and if they need sunglasses.

THE WINNING FORMAT

There’s a difference between contests and sweepstakes, and you’ll want to choose a sweepstakes promotion if your goal is first party data collection. Contests are based on skill and create deep engagement by asking users to create a specific work, such as a photo, to enter. Because contests already require extra effort, consumers are less interested in answering additional profiling questions.

To maximize the number of entrants — and the data you can gain — we recommend creating as many opportunities to win as possible through an instant win game or a sweepstakes with a wide variety of prizes. The more chances to win, the more entrants you’ll receive.

Similarly, we counsel clients to select prizes that feel attainable. A million-dollar check or trip around the world may generate a lot of buzz but it will also create a barrier to entry as users assume they’ll never win. But offering several hundred prizes, even as simple as low-value gift cards, make winning — and, therefore, entering — more likely.

GETTING AND STORING DATA — LEGALLY

You should be prepared for legal compliance with the data requirements for the California Consumer Privacy Act (CCPA) and similar bills that are currently being considered by nearly 15 other states. Through the CCPA protections, users can contact a company directly and ask for their data to be deleted.

As part of Realtime Media’s sweepstakes legal administration services, we handle these requests while the promotion is live and then set up a system for clients to easily remove the requested data on their own after it ends.

As a sweepstakes management company, we’ll also help you navigate the varying sweepstakes and contest laws by state and ensure the promotion is GDPR-compliant for international registrants.

Users are well aware of the information they’re giving brands when they check out, sign up for a discount code or enter a sweepstakes. While they’re increasingly cautious about their data privacy, they are also incentivized to offer a few pieces of information in exchange for that product, discount or prize.

The excitement of a sweepstakes and the types of prizes offered allow brands to gather more — and better — types of data than usual. With a strategically designed promotion, users will take a few seconds to give you rich, customized first-party data in exchange for the chance to win.

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.