Sweepstakes & Contests

A promotion becomes an illegal lottery the moment it combines a prize, chance, and consideration, and that distinction determines whether your giveaway can run in all 50 states or exposes you to enforcement. Hank handles sweepstakes and contest law for sponsors running national promotions, a narrow practice only a handful of lawyers concentrate in. Many sponsors come to him after the promotion is already built and the compliance questions arrive at the end, so he structures the giveaway to satisfy the law from the start rather than retrofitting it once the mechanics are locked.

Every compliant promotion removes one of the three elements. A sweepstakes removes consideration by offering a free method of entry that's as easy to find and use as the paid one (the alternate method of entry), so winning never depends on a purchase. A contest removes chance by selecting winners on defined, disclosed criteria that independent judges apply, so the outcome turns on skill. Hank drafts official rules to match your promotion's actual mechanics, eligibility, prize description, odds, entry period, and no purchase necessary terms, because template rules downloaded from the Internet won't reflect your promotion and won't protect you.

Florida and New York require sponsors to register promotions and post a bond once total prize value exceeds $5,000, and sponsors must file before launch, 30 days ahead in New York and at least seven days ahead in Florida. A national giveaway has to satisfy both deadlines in advance or exclude those states. Rhode Island requires registration as well, though only for promotions run through retail stores. Hank also reviews your promotion against platform rules that govern giveaways on Instagram, TikTok, and other networks, against FTC advertising standards that apply when a free entry is buried or a purchase is implied, and against the tax reporting obligations you owe once a prize exceeds the reporting threshold. Any one of these requirements can derail an otherwise sound promotion if you address it after launch instead of before.

Hank has structured promotions for brands, retailers, agencies, and app and creator campaigns, from a single-state giveaway to a national sweepstakes running in every state at once. Every engagement works toward the same result, a promotion you can launch and run without an attorney general, a platform, or a class action shutting it down.