While we are not lawyers, we work closely with some of the top firms specializing in promotion law in the country. We also attend the annual PMA Law Conference and have done so for over the last 10 years. This, coupled with 25 years of experience, enables us to answer most any question regarding the legality of your promotion.

What is the difference between a sweepstakes, game, and contest? In a sweepstakes, the winner is selected randomly from among entry forms; in a game, prizes are usually randomly seeded within a finite number of game pieces, which are then distributed to consumers; in a contest the winner is determined primarily on a basis of skill.

When is it necessary to register a promotion in New York and Florida? When you are conducting a game of chance, to be conducted in NY and FL, where the total approximate retail value of all prizes exceeds $5,000. The deadline for registration in NY and FL is 30 day and 7 days, respectively, prior to the start of the promotion.

What is a surety bond? A surety bond is basically an insurance policy that New York and Florida hold to guarantee that the Sponsor will award all prizes.

How do I obtain a bond "waiver" in Florida? If you conduct and register promotions in Florida for five successive years without incident (i.e. late filings, fines, etc.), you may qualify for a bond waiver. It is still necessary to register your promotion, but you can do so without a bond.

I want to run an ad in a magazine promoting a sweepstakes…do I have to include full rules? If the ad will appear in Florida, then yes. Florida requires complete rules for any print advertising. In other states, you can use abbreviated rules, but they should still include basic disclosures.

What about Rhode Island? Don't I have to register there? Yes, but only If you are conducting a retail sweepstakes with a total prize value of $500.

What is COPPA? Should I be concerned? COPPA stands for Children's Online Privacy Protection Act and it applies to operators of commercial website and online services directed to children under the age of 13 that collect personal information. If you are conducting an online game or sweepstakes and allowing children under the age of 13 to participate, you must be compliant with COPPA, which requires posting of your Privacy Policy and for obtaining verifiable consent from parent to the collection of information from their child. COPPA is enforced by the Federal Trade Commission.