Game Promotions/Sweepstakes
Information for Businesses
To keep illegal operations out of our state, the Florida Legislature charged the Department of Agriculture and Consumer Services, Division of Consumer Services, with the responsibility to file game promotions according to Section 849.094, F.S. The fact that a game promotion is filed does not imply approval or endorsement by the State of Florida.
Game promotions offering prizes totaling more than $5,000 must file with the Division 7 days prior to commencement. 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 prizes valued at 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 5 consecutive years and they have had no civil, criminal or administrative actions instituted against them for a violation of s. 849.049 F.S. during that 5-year period. This protects citizens 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. 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. The law does not provide for restitution if a consumer has paid money to the operator.
Forms |
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If you are providing a Surety Bond, please use the form listed below:
Florida Laws |
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- s. 849.094, Florida Statutes (F.S.)
- Chapter 5J-14, Florida Administrative Code
On the FAC site, please select "latest version" to view the rules
Frequently Asked Questions |
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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.
What makes a Game Promotion illegal?
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Failure to file with the Division of Consumer Services, if required.
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The game is manipulated for winners to be predetermined.
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Businesses sponsoring game promotions are pre-selected to receive winning games.
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The game is manipulated for winners to be determined during a particular time period or geographic area.
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Arbitrarily removing, disqualifying, disallowing, or rejecting entries.
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Failure to award prizes.
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Printing or circulating false, deceptive, or misleading game promotion literature.
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Requiring an entry fee, payment, or proof of purchase to enter.
What can I do to make sure a Game Promotion is legitimate?
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Always read the fine print! Pay close attention to promotion details.
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Don't send money up front - don't send entry fees, shipping fees, handling fees, etc. Some promotions requiring buying a "quality" product for a "guaranteed" prize. Legitimate game promotions should not require you to pay or buy anything to enter.
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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.
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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.
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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.
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The names and addresses of those responding to prize offers are often sold to other game operators. This can lead to an onslaught of additional bogus offers.
Contact |
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If you have any questions, please contact us:
E-mail
cswebmaster@doacs.state.fl.us
Telephone
1-800-HELP-FLA (435-7352) Calling from Florida
850-488-2221 Calling from outside of Florida
Physical Location
Terry Rhodes Building
2005 Apalachee Parkway
Tallahassee, FL 32399-6500
Map to the office
Additional Information |
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