Summary. This checklist covers the drafting and launch of a promotion item by item: the design questions that determine the compliance profile, the alternative method of entry requirements that keep a sweepstakes from being a lottery, every required section of the official rules, the abbreviated rules for advertising, registration thresholds and deadlines, the launch review run against final assets, and the administration and closeout obligations.

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.