Laws and Rules for Sweepstakes in Florida
Last reviewed: March 2026
First, it helps to understand the difference between a sweepstakes, contest and lottery. In a sweepstakes, winners are chosen randomly from all participants. In a contest, the winners’ entries are usually judged and are based on a skill or criteria. In a lottery, winners are chosen at random, but in order to enter, the participant must pay. A payment is called a consideration. Only states can hold lotteries, so all private lotteries are illegal.
To avoid being classified as an illegal lottery in any state, your promotion can only have 2 of these 3 elements: prize, chance and consideration. Keep in mind, consideration can mean anything of value, including a fee or even a significant effort (i.e., time spent shooting/submitting a photo, etc.)
Here are possible combinations:
- Prize + consideration + chance = illegal lottery or gambling
- Prize + consideration = legal contest (in most jurisdictions)
- Prize + chance = legal sweepstakes
All sweepstakes in the United States must meet the following regulations:
- No purchase necessary. You can enter the sweepstakes without buying a product or service.
- Winners are required to pay taxes on prizes they win.
Sweepstakes are regulated nationally and by state by the following organizations:
- Federal Trade Commission (FTC)
- Federal Communications Commission (FCC)
- United States Postal Service (USPS)
- United States Department of Justice (DOJ)
State Specific Sweepstakes & Contest Laws
Besides federal considerations, every state has its own specifics laws regarding sweepstakes and contests.
Understanding Florida Sweepstakes & Contest Regulations
Running a sweepstakes or contest in Florida means more than just offering exciting prizes — it also means understanding how state-specific laws impact your sweepstakes' design and legality. Florida has well-defined sweepstakes laws that protect consumers and require transparency from businesses conducting prize-based campaigns.
What Makes Florida Sweepstakes Unique?
In Florida, any sweepstakes that uses chance to select winners and offers prizes of value must comply with state statutes designed to prevent illegal lotteries and deceptive advertising. One of the most important legal principles is that no purchase or contribution is necessary to enter or win. This means sweepstakes must provide a free alternative method of entry, and you cannot require an entry fee, purchase, or similar consideration for someone to participate.
Florida law also mandates clear and conspicuous disclosures. Advertisements and entry forms must reveal important details like the rules governing the sweepstakes, sponsor name and contact information, and the fact that no purchase is required. This rule helps ensure entrants are never misled when they participate.
Registration and Bonding Thresholds
A key consideration for Florida sweepstakes is registration and bonding. If all prizes in a sweepstakes total more than $5,000 in Approximate Retail Value, the sweepstakes must be registered with the Florida Department of Agriculture and Consumer Services at least 7 days before launch. Organizers must also establish a trust account or secure a bond equal to the total prize value. After the sweepstakes ends, a certified winners list must be filed with the state.
For contests — where winners are judged based on skill rather than chance — Florida allows sponsors to set participation requirements and consider entry fees, but all campaign terms should be disclosed clearly to avoid confusion with illegal lotteries.
Best Practices for Florida Sweepstakes
To ensure compliance and maintain participant trust:
- Always include clear "No purchase necessary" statements in all sweepstakes materials.
- Provide an alternative entry method that doesn't require a purchase or any monetary payment.
- Publish Official Rules online and make them easily accessible.
- Respect state registration and filing procedures when required.
Primary Sources — Florida Sweepstakes Law
- Florida Department of Agriculture and Consumer Services — Game Promotions (official registration authority for FL sweepstakes)
- Florida Statutes § 849.094 — Game promotion in connection with sale of consumer products or services
Florida (FL)
Awarding a prize valued at more than $5,000? The state of Florida will expect you to bond and register your sweepstakes 7 days before it begins. After the sweeps ends, you’ll need to provide the names and addresses of all winners. If the prize includes travel, you must also register as a “Seller of Travel.”
Contests: are allowed as long as the sponsor awards the prize based on skill and not chance. The sponsors may charge a consideration (payment to participate) but the prize cannot be composed solely of the participant’s entry fees.
Sweepstakes (or as FL calls them, Game Promotion): are allowed as long as the sponsor awards the prize based on chance. Sweepstakes offered in Florida whose prizes exceed $5,000 in Approximate Retail Value must be bonded and registered with the state.
Florida Registration, Bonding, and Operational Requirements for sweepstakes that exceed $5,000 in Approximate Retail Value of all prizes combined:
- Registration Requirements: sweepstakes with aggregate prizes valued at more than $5,000 need to register with the Department of Agriculture and Consumer Services.
- Bonding Requirements: Sponsors must establish a trust account or provide a bond equal to the Approximate Retail Value of all prizes combined if the prizes exceed $5,000 or more and notify the Department of Agriculture and Consumer Services that a trust or bond has been established.
- Operational Requirements: Sponsors must publish the Official Rules online. In Florida, Official Rules must be posted in retail stores where the sweepstakes is available and Abbreviated Official Rules must be included in all printed advertisements. Additionally, the sponsor must file a winner's list for all winners that received prizes valued at $25 or more.
Promotional Laws - Florida- Telemarketing
- When combining a promotion with telemarketing campaigns, if the seller tells a prospective purchaser that he/she is or may be eligible to receive a gift the seller must file with the state an information statement about the promotion.
Promotional Laws - Florida Free Gift Advertising Law
- Florida prohibits deceptive use of the word “free” and similar words in any advertising. All advertising offering free items must include clear and conspicuous disclosures of all conditions or obligations necessary to receive the free item.
Legal Review Criteria: Dominant Factor Doctrine when assessing whether or not chance determines the outcome of a promotion.
Note: the information above is for informational purposes only and should not be construed as legal advice. Sweepstakes and Contest promotional laws change and the above may not reflect the must current laws.
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