What this checklist is for. Drafting rules and launching a promotion. For the framework, see Sweepstakes, Contests, and Promotions. For the full sequence, see Running a Legal Sweepstakes or Contest.

Phase 1—Design, six weeks out

  • Total prize value computed across every prize, including instant wins and second-chance drawings.
  • Chance or skill? Chance → eliminate consideration. Skill → eliminate chance entirely, including the tie-breaker.
  • Geography—national (comply with the strictest state on every issue) or limited (dramatically simpler).
  • Age—18+ avoids COPPA and minor-contracting complications.
  • Registration analysis—does total prize value exceed the New York, Florida, or Rhode Island thresholds?
  • Regulated category? Alcohol, tobacco, cannabis, firearms, health, financial products each add a layer; some prohibit the promotion outright.
  • Platform identified and its current promotion terms read.
  • Data collected and its intended use identified.
  • Administrator—in-house or professional.

Phase 2—The alternative method of entry (sweepstakes only)

  • The free method exists and is genuinely accessible.
  • Equal odds—the same number of entries and the same chance as a purchase entry.
  • Same period and same deadline as purchase entries.
  • Included in every drawing, including bonus and second-chance drawings.
  • Disclosed in the advertising, not only in the rules.
  • No requirement that free entrants create an account, subscribe, or submit data that purchasers do not.
  • Any formatting requirement (hand-printing, card size) is proportionate.
  • Tested by someone outside the project, using only the advertisement.

Phase 3—The official rules, section by section

  • "NO PURCHASE OR PAYMENT NECESSARY" and "A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING" at the top.
  • "VOID WHERE PROHIBITED."
  • Sponsor—full legal name and address; administrator if different.
  • Eligibility—age, residency, state exclusions, and employee/family/household exclusions.
  • Promotion period—start and end, with the time zone, and the official time-keeping device.
  • How to enter—purchase method and the free method, in equal detail.
  • Entry limits—per person, per day, per email address, per household.
  • Automated entry void provision.
  • Prizes—number, description, approximate retail value, total ARV, restrictions, non-transferability, and substitution right.
  • Odds—"depend on the number of eligible entries received." Never a fabricated ratio.
  • Winner selection—method, date, who conducts it, and that decisions are final.
  • For a contest: judging criteria with weights, judges identified, and a skill-based tie-breaker.
  • Winner notification—method, timing, and the forfeiture deadline.
  • Alternate winner selection process.
  • Required documents—affidavit of eligibility, liability release, publicity release "except where prohibited", and Form W-9.
  • Taxes—winner's responsibility; Form 1099-MISC for reportable prizes.
  • Rights in submissions (for user-generated content)—license scope, originality warranty, third-party clearance, consent of identifiable persons.
  • Disqualification—tampering, automated means, multiple identities, rule violations; right to void all entries from a disqualified person.
  • Error provision—"In the event of a printing, production, distribution, computer, or other error, Sponsor reserves the right to conduct a random drawing among all eligible claimants for the correct number of prizes. Void game pieces confer no rights."
  • Modification, suspension, and termination for causes beyond the sponsor's control.
  • Release and limitation of liability.
  • Disputes—governing law, venue, arbitration and class waiver if used.
  • Privacy—link to the privacy policy and description of data use.
  • Winners list—how to request it.
  • Platform disclaimer and release, where applicable.

Phase 4—The abbreviated rules

Every advertisement must contain:

  • "NO PURCHASE NECESSARY. A purchase will not increase your chances of winning."
  • Promotion period with dates.
  • Eligibility—geography and age, with exclusions.
  • Prize and ARV.
  • Odds statement.
  • "Void where prohibited."
  • A conspicuous link or reference to the full Official Rules.
  • Sponsor name and address.
  • The abbreviated rules do not contradict the full rules—verify dates, prize, ARV, eligibility, and exclusions line by line.

Phase 5—Registration and bonding

  • Total prize value compared against the New York and Florida thresholds (and Rhode Island for retail promotions).
  • If above: file before launch, with the required lead time—this deadline is not curable afterward.
  • Bond or trust arranged in the amount required.
  • Official rules submitted with the filing.
  • Filing fees paid; proof retained.
  • Winners list filing deadline calendared now, for after the promotion ends.
  • If excluding instead: the exclusion appears in the rules and the abbreviated rules.
  • Any charitable tie-in analyzed for commercial co-venture registration.

Phase 6—Launch review, run against final assets

  • Every asset contains the abbreviated rules.
  • The AMOE is visible in the advertising.
  • The full rules URL is live and stable before the first asset runs.
  • Entry flow works on desktop and mobile, for both entry methods.
  • Marketing consent is a separate, unchecked box with clear disclosure.
  • SMS consent satisfies the TCPA's prior express written consent standard—see 47 U.S.C. § 227.
  • Email practices comply with CAN-SPAM.
  • Age gating in place.
  • Privacy notice updated to describe the promotion's data collection.
  • Platform's required disclaimer and release present.
  • Influencer disclosures reviewed for prominence and placement under 16 C.F.R. Part 255.
  • Incentivized entrant posts subject to a disclosure requirement stated in the rules.
  • Registrations filed; proof retained.
  • Entire entry flow, rules page, and primary advertising screenshotted and archived.

Phase 7—During the promotion

  • Monitor for fraud, automated entry, and multiple identities.
  • Monitor influencer and entrant posts for disclosure; correct promptly and document the monitoring.
  • Archive every change to the flow, the rules, or the advertising, with the date.
  • Handle entrant inquiries from a written script consistent with the rules.
  • Do not modify material terms mid-promotion unless the modification provision permits it and the change is disclosed prominently.

Phase 8—Winner selection and verification

  • Conduct selection as the rules describe, on the stated date.
  • Document: method, tool, process, date, persons present, result.
  • For contests: retain scoring sheets and judges' records; screen eligibility before judging.
  • Verify eligibility against every requirement.
  • Send affidavit of eligibility, liability release, publicity release (except where prohibited), and W-9.
  • Observe the response deadline; select an alternate if it passes.
  • Deliver the prize; document delivery.
  • Consider a cash gross-up on a large non-cash prize so the winner is not left with a tax bill and no cash.
  • Issue Form 1099-MISC for reportable prizes.

Phase 9—Closeout

  • File the winners list with each registration state by its deadline.
  • Release the bond per the state's procedure.
  • Provide or post the winners list as the rules promised.
  • Address unclaimed prizes—alternate, second drawing, or per the rules—with attention to unclaimed property law.
  • Reconcile prize inventory.
  • Archive the complete file—rules as published, all advertising and screenshots, entry data, selection documentation, affidavits and releases, registrations and bonds, winners lists, 1099s, and vendor agreements. Retain several years.
  • Debrief: what worked, what generated complaints, what changes next time.

Related documents

This checklist is educational and not legal advice. State gambling, registration, prize notice, and entry-fee rules differ materially, and platform terms change without notice. Consult counsel before launching a promotion.