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Florida Sweepstakes Law Amended
Practical Law Legal Update 7-525-9137 (Approx. 3 pages)
Florida Sweepstakes Law Amended
by PLC Commercial
| Published on 23 Apr 2013 • Florida, USA (National/Federal) |
The State of Florida has amended its law governing gambling, including provisions governing game promotions and sweepstakes run by retailers and other companies. The amendments became effective April 10, 2013.
Effective April 10, 2013, the Florida law governing gambling has been amended. The amendments include provisions governing game promotions and sweepstakes run by retailers and other companies.
The amendments to the section governing game promotions for the sale of consumer products or services include:
- Clarifying that the law only permits games of chance run by commercial entities on a limited and occasional basis for marketing and advertising purposes in connection with, and incidental to, the sale of a product or service.
- The addition of sweepstakes to the definition of "game promotion."
- Expanding the definition of "operator" to include:
- a retailer who operates any game promotion; and
- a corporation, organization or association or agent that promotes, operates or conducts a nationally advertised game promotion.
- Making violation of the law a deceptive and unfair trade practice under the Florida Deceptive and Unfair Trade Practices Act.
The amendments also clarify that the section of the gambling law governing game promotions and sweepstakes:
- Only applies to promotions and sweepstakes conducted by for-profit companies as an advertising tool.
- Does not apply to non-profit organizations.
- Is not intended for the establishment of ongoing gambling or gaming.
- Governs promotions conducted solely within Florida as well as national promotions that are valid in Florida.
Companies that employ promotions and sweepstakes in their marketing and advertising strategies should review the amendments to the Florida law to ensure compliance.
For more information on sweepstakes and contests, see Practice Note, Running a Sweepstakes or Contest in the US and Sales Promotions, Contests and Sweepstakes Checklist.