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No purchase necessary: rules and alternate entry templates

In the US, a prize plus chance plus a required purchase can be an illegal lottery. 'No purchase necessary' removes the purchase. These clauses show how.

Generate your full official rules

A template, not legal advice. Check your state's rules.

The giveaway
Sponsor
Dates
Who can enter

Open to the 50 states and DC. Tick any state you want to leave out.

Exclude states
How to enter

Everyone needs a way in without a purchase or a social account.

Picking winners
Platforms and privacy

Running it on social? We add the platform release.

[Giveaway title] Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED.

1. Eligibility

[Giveaway title] (the "Giveaway") is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old at the time of entry. Employees, officers and directors of [Sponsor name], its affiliates and agencies, and their immediate family members and people living in the same household, are not eligible. The Giveaway is subject to all applicable federal, state and local laws and regulations.

2. Entry period

The Giveaway begins on [start date and time] and ends on [end date and time] (the "Entry Period"). Entries received outside the Entry Period will not be accepted. Sponsor's clock is the official timekeeper.

3. How to enter

To enter for free during the Entry Period, follow these steps:

  • [how to enter, one step per line]

Alternate method of entry: To enter without using social media, email [contact email] with the subject line "[Giveaway title] Entry" and include your full name, mailing address, email address and date of birth. Alternate entries have the same chance of winning as all other entries.

Limit one (1) entry per person, regardless of entry method. Entries generated by script, bot or other automated means are void.

4. Winner selection and notification

On or about [drawing date], Sponsor will select one (1) potential winner in a random drawing from all eligible entries received. Sponsor's decisions are final and binding on all matters relating to the Giveaway.

Potential winners will be notified by email or direct message on the platform used to enter within three (3) days of the drawing. A potential winner must respond within seven (7) days of notification and may be required to sign and return an affidavit of eligibility, a liability release and, where lawful, a publicity release. If a potential winner does not respond in time, cannot accept the prize or is found ineligible, the prize may be forfeited and an alternate winner selected.

5. Prizes and approximate retail value

Approximate retail value ("ARV") of all prizes: [total prize value]. Prizes are not transferable, and no cash or other substitution is allowed, except that Sponsor may substitute a prize of equal or greater value if a prize becomes unavailable. Winners are responsible for all federal, state and local taxes on their prize. A winner whose prizes are valued at $600 or more will receive an IRS Form 1099.

  • [prize, one per line]

6. Odds

Odds of winning depend on the number of eligible entries received during the Entry Period.

7. General conditions

Sponsor may disqualify anyone who tampers with the entry process or the operation of the Giveaway, or who acts in violation of these Official Rules. If the Giveaway cannot run as planned because of fraud, technical failure or any other cause beyond Sponsor's control, Sponsor may cancel, end or modify the Giveaway and select winners from eligible entries received before the action was taken. Except where prohibited, by accepting a prize a winner agrees that Sponsor may use their name, city, state and likeness for promotional purposes without further payment.

8. Release and limitation of liability

By entering, entrants agree to release and hold harmless [Sponsor name] and its affiliates, officers, directors, employees and agents from any claims, losses or damages arising from participation in the Giveaway or the acceptance, use or misuse of any prize. Sponsor is not responsible for lost, late, incomplete or misdirected entries, or for technical failures of any kind.

9. Privacy

Sponsor will use information collected from entrants to administer the Giveaway and award prizes. Sponsor will not use it for other purposes unless an entrant agrees.

10. Governing law

These Official Rules are governed by the laws of [Sponsor's state], without regard to its conflict of law rules.

11. Sponsor

The Sponsor of the Giveaway is [Sponsor name], [Sponsor mailing address]. Questions can be sent to [contact email]. For a list of winners, email [contact email] with the subject line "Winners List" within thirty (30) days after the Entry Period ends.

11 blanks left to fill

Clauses every no purchase necessary giveaway needs

Adapt these, or let the generator above write the whole set for you.

Headline notice
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Alternate method of entry by mail
To enter without purchase, hand-print your name, address, email and phone number on a 3x5 card and mail it in a stamped envelope to [address], postmarked by [date] and received by [date]. Limit one mail-in entry per envelope. Mail-in entries have the same chance of winning as purchase entries.
Alternate method of entry online
To enter without purchase, complete the free entry form at [URL] during the entry period. Each free entry is equal in value to one entry earned with a purchase. Limit [1] free entry per person per day.
Equal odds
All entries, whether received with or without a purchase, are entered into the same draw and have an equal chance of being selected. The winner will be chosen at random from all eligible entries.
Disclosure placement
Every advertisement, post or in-store sign for the Giveaway will state 'No purchase necessary' and direct entrants to the Official Rules at [URL], where the free method of entry is described.

Before you post

  • 'No purchase necessary' appears on every ad, post and sign, not just in the rules.
  • The free entry method is as easy to find as the purchase method.
  • Free entries get the same number of draw entries as paid ones.
  • The free method has the same entry deadline, adjusted for mail time if by post.
  • Your caption doesn't hint that buyers have better odds.
  • You're not running the giveaway in a way that makes buying the only practical way in (like a code only printed on receipts with no free request).

Make it work harder

  1. Make the free path obvious

    Hiding the free method in paragraph 9 of the rules invites complaints. Put it one click or one line from where you mention purchases.

  2. Online free entry beats mail-in

    A free online form is easier for entrants and you. Mail-in is still common for receipt and in-store promotions.

  3. Mix both entries into one list

    Combine paid and free entries into one CSV and draw once with the Winner Picker. One list, one results page, equal odds you can show.

Questions people ask

What does 'no purchase necessary' mean?

Nobody has to buy anything to enter or win, and buying doesn't improve the odds. In the US it removes 'consideration', one of the three parts of an illegal lottery.

What is an AMOE?

An alternate method of entry: a free way to enter, like a mail-in card or online form, that gives the same chance as entering with a purchase.

Is following an account a purchase?

No. Following, liking or commenting is usually not treated as consideration in the US. Requiring a paid subscription, a purchase or a fee is.

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