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Are you interested in running a giveaway for your business?
Giveaways are excellent ways to drive traffic to your business website, grow your online audience, and boost leads and sales. Yet, with any online promotion, it’s crucial you follow relevant laws in your country to avoid any legal issues.
Today we’ll cover one of the most important regulations you should be aware of and explain why your giveaway needs to be No Purchase Necessary.
First, let’s look at the different types of prize promotions available online. To understand the differences, you should first familiarize yourself with the word “consideration.”
Consideration alludes to the ways users can “buy” giveaway or contest entries by making a purchase. It can also mean giving up a significant amount of time, like filling out a long and in-depth survey or making repeated store visits.
When it comes down to it, what does and doesn’t count as consideration depends on which country or state you’re in. If you’re in the U.S., buying a product is seen as a consideration, but in countries like the U.K. and New Zealand, it’s not.
Now that you know what consideration means, here are the different types of prize promotions commonly used.
Raffles and Lotteries are 2 similar prize promotions that require entrants to purchase something to enter. They also draw the winners at random.
Businesses are not usually allowed to run lotteries, and in the U.S., they are only government-run. In comparison, Raffles are typically meant for non-profit organizations.
Lotteries include these 3 key features:
Here are how raffles differ from lotteries:
Remember that raffles are limited to non-profit organizations in many countries. So check with your local state’s laws for the official rules before going ahead with this type of prize promotion. Raffles also often have an entry fee.
Sweepstakes and Giveaways are often referred to as games of chance. This is a type of promotion you can legally run as a business without breaking No Purchase Necessary laws.
For your promotion to be seen as a giveaway or sweepstakes, it should include these features:
The main difference between sweepstakes and lotteries is that no purchase is required to enter.
Contests are prize promotions that are also called games of skill. This means entries need skill, and winners are picked based on merit instead of at random (by chance).
Here are a few examples of skill-based contests:
In this type of promotion, winners are not chosen by chance, so it isn’t seen as a lottery or raffle, and No Purchase Necessary laws won’t apply.
That said, you can run incredible contests that ask users to create and share photos of your product in action. You can make this type of promotion with RafflePress’s contest app. Contests such as these are an excellent way of increasing brand awareness and are free for users to take part.
Now that you’re aware of the different prize promotions, let’s explore what No Purchase Necessary means.
No Purchase Necessary laws mean that you cannot ask participants to buy something or make a payment to enter your giveaway.
The details of these laws may differ depending on the country. Yet, in general, they say that if you’re running any type of prize promotion where the winner is chosen at random, you can’t:
Despite the No Purchase Necessary laws, you can still ask people to enter your giveaway by purchasing something. Yet, you should always offer a free alternative method of entry (AMOE).
Alternative methods of entry are free ways people can enter your promotion without making a purchase.
For example, let’s say you’re running a giveaway that allows users to buy a product to enter. In this scenario, you should also offer a free way to enter that doesn’t require a purchase, which awards the same number of entries.
If you provide free alternative ways to enter, making a purchase is no longer compulsory. It also doesn’t give users increased odds of winning. This means your promotion is no longer violating any purchase laws.
Important: Make sure users can’t get entries for making a purchase AND completing your alternative entry method. This would give them an unfair advantage.
Some easy ways to add free alternative methods of entry to your promotion include:
With RafflePress’s easy-to-use giveaway app, we offer all of the above AMOE so you can create a compliant giveaway contest with just a few clicks.
Here’s an example you can play with to see for yourself:
You can also use the Giveaway Rules Generator to add terms and conditions to your giveaway widget automatically.
It will ask some simple questions such as your sponsor’s name, address, email, and more. Then it will use the answers to create a set of guidelines your participants can reference.
No Purchase Necessary Laws prevent promotions like giveaways and sweepstakes from asking people to pay to enter. That is unless a free alternative entry method is available.
Yet, it’s essential to know that these laws don’t always apply to every country. Plus, what is considered as payment varies from country to country.
To help you find the laws that apply to you, here are some No Purchase Necessary laws from various countries worldwide. The table below also shows you which countries require you to offer a free Alternative Method of Entry (AMOE).
Country | No Purchase Necessary Laws | AMOE |
Argentina | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Australia | Purchases allowed. | No |
Austria | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Belgium | Purchases are allowed. | No |
Bolivia | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Brazil | Purchases allowed. | No |
Bulgaria | Purchases allowed. | No |
Canada | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
China | Purchases allowed. | No |
Colombia | Purchases allowed. | No |
Costa Rica | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Croatia | Purchases allowed. | No |
Czech Republic | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Denmark | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Dominican Republic | Purchases allowed. | No |
Ecuador | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Finland | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
France | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Germany | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Greece | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Hong Kong | Purchases allowed. | No |
Hungary | Purchases allowed. | No |
India | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Ireland | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Israel | Purchases allowed. | No |
Italy | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Japan | Purchases allowed, but limits are placed on prize values. | No |
Lithuania | Purchases allowed. | No |
Luxembourg | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Malaysia | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Mexico | Purchases allowed. | No |
New Zealand | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | No |
Nicaragua | Purchases allowed. | No |
Netherlands | Purchases allowed. | No |
Panama | Purchases allowed. | No |
Paraguay | Purchases allowed. | No |
Peru | Purchases allowed. | No |
Poland | Purchases allowed. | No |
Portugal | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Puerto Rico | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Romania | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Russia | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Saudi Arabia | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Singapore | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Slovakia | Purchases allowed. | No |
South Korea | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Spain | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
Sweden | Purchases allowed. | No |
Switzerland | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Thailand | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Turkey | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Ukraine | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Uruguay | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
United Kingdom | Purchases allowed providing users purchase products at the regular price (e.g., no extra cost to enter). | No |
United States | Purchases not allowed. Campaigns requiring a purchase must offer free alternative entries. | Yes |
Venezuela | Purchases allowed. | No |
If your country isn’t listed in this table, you should seek legal advice. Or you can avoid requiring people to purchase to enter and offer a free alternative entry method.
Important: At RafflePress, we can only offer general advice about giveaway laws. For specific and up-to-date legal advice, you should seek professional legal counsel.
That’s it!
We hope this article has helped you learn why your giveaway needs to comply with purchase laws.
If you’re not sure which tool to use with your promotion, check out this comparison of RafflePress vs KingSumo to see which contest app is the best choice for you.
If you found this article helpful, be sure to join us on YouTube, Twitter, and Facebook for more giveaway guides and tutorials.
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Rafflepress is the best wordpress plugin for giveaway, but so far, it not receive big updates with nice features for a long time, any news upcomming? Please guys, keep working on this plugin!
Hey Mark,
Keep an eye on the blog. We’ll be announcing a new update very soon!
Is there a paid option to enter with the Rafflepress plugin?
Hi Thario,
RafflePress doesn’t have an option to pay to enter a giveaway.