View frequently asked questions from businesses about game promotions/sweepstakes.
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A game promotion is defined as a contest, game of chance, sweepstakes or gift enterprise conducted by an operator within or throughout the state and other states in connection with and incidental to the sale of consumer products or services and in which the elements of chance and prize are present.
Game promotions offering prizes totaling more than $5,000 must file with the Florida Department of Agriculture and Consumer Services (FDACS) seven days prior to commencement of the game promotion. Even game promotions based in other states must be filed if they are conducted in Florida and/or are open to Florida residents and have a total combined prize value of more than $5,000.
In addition, a surety bond or statement of trust is 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 Section 849.094, Florida Statutes (F.S.), during that five-year period. This protects consumers who participate by ensuring compensation if the game operator is unable to award prizes offered in the promotion.
The material terms of the rules must be published in all advertising copy. Full rules must be conspicuously posted in all outlets. Additionally, 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. In addition, a violation may constitute a deceptive and unfair trade practice actionable under the Florida Deceptive and Unfair Trade Practices Act. The law does not provide for restitution if a consumer has paid money to the operator.
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