Adam H. Putnam, Commissioner - Tom A. Steckler, Director

Game Promotion/Sweepstakes

“YOU ARE A WINNER!” and similarly worded mailings are clever devices to induce an increasing number of Floridians to participate in sweepstakes, or a “game promotion,” as they are referred to in Florida Law.

There are many legitimate game promotions offered in Florida. Our goal is to inform citizens about game promotions and to assist in making you aware of potential threats they may cause.

What is a Game Promotion?

According to Section 849.094, Florida Statutes, a game promotion:

  • Is a contest, game of chance, or gift enterprise.
  • Is conducted in connection with the sale of consumer products or services.
  • Has the element of chance and prize.

Bingo games, raffles and lotteries are NOT game promotions!

Who Regulates Game Promotions in Florida?

A game promotion can be fun. To keep illegal operations out of our state, the Florida Legislature charged the Florida Department of Agriculture and Consumer Services with the responsibility to file game promotions according to Section 849.094, Florida Statutes. The fact that a game promotion is filed does not imply approval or endorsement by the State of Florida.

A game promotion offered in Florida which have prizes totaling more than $5,000 must be filed with the department seven days prior to commencement.

A trust account or surety bond is also required from the operator unless they have conducted game promotions in Florida for at least five consecutive years and they have had no civil, criminal or administrative actions instituted against them for a violation of s. 849.094 during that five year period. This protects citizens who participate by ensuring compensation if the game operator is unable to award prizes offered in the promotion.

The rules must be published in all advertising and conspicuously posted.

Game operators must give, at no charge, a list of winners to those who request it.

A violation of the game promotion law can result in a civil penalty of up to $1,000 per violation, an injunction, and, in some cases, if appropriate, referral for criminal prosecution.

What Makes a Game Promotion Illegal?
  • Failure to file with the Florida Department of Agriculture and Consumer Services.
  • Winners are predetermined.
  • The game is manipulated for winners to be determined during a particular time period or geographic area.
  • Arbitrarily removing, disqualifying, disallowing, or rejecting entries.
  • Printing or circulating false, deceptive, or misleading game promotion literature.
  • Requiring an entry fee, payment, or proof of purchase to enter.
What Can I Do?

A game promotion is a marketing technique designed to induce you, the consumer, to purchase a product or service. The following tips are suggested to help you determine if a promotion is a scam:

  • Always read the fine print! Pay close attention to the details of the game promotion.
  • Don't send money up front – don't send entry fees, shipping fees, handling fees, etc. Some promotions require buying a “guaranteed” prize. Legitimate game promotions should not require you to buy anything to enter.
  • Remember – if it sounds too good to be true, it probably is. Scams play on the hopes of those who believe they can get something for nothing.
  • Don't be deceived by official-looking mail that is disguised to initially mislead you into believing it is something other than a game promotion.
  • Beware of calling a toll-free number to claim a prize. You may be asked to pay a prize-processing fee or buy a product.
  • The names and addresses of those responding to the prize offers are often sold to other game operators. This can lead to an onslaught of additional bogus offers.
Where Can I Get More Information?

To inquire if a game promotion is filed properly, obtain filing packets, or additional information, contact the Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA (435-7352) – Florida only, or outside of Florida call (850) 488-2221.