New York sweepstakes rules: covered prizes over $5,000 require filing 30 days before launch, a $100 fee and prize security.
Planning a free giveaway or photo/video competition open to New York residents? This guide focuses on ordinary commercial promotions with free entry, including random drawings and submission contests using judges or public voting. Paid entries or votes, purchase-linked promotions, charitable raffles and regulated prizes need separate analysis.
Editorial review: . Sources are linked beside the guidance they support. This is an informational overview, not legal advice for a particular campaign.
Filing at a glance
- Prize threshold
- More than $5,000
- Timing
- At least 30 days before launch
- Filing fee
- $100
- Prize security
- Trust/CD or surety bond under state instructions
These details apply within the scope explained below; prize value alone does not determine whether every promotion is covered.
Which promotions need a New York filing?
General Business Law §369-e applies to covered consumer-product or service promotions offering prizes determined by chance without consideration. When total announced prizes exceed $5,000, file with the New York Department of State at least 30 days before the promotion begins. The filing fee is $100.
An online entry form does not remove this obligation for a covered promotion open to New York residents. The statutory trigger is more than $5,000. A free photo or video competition judged on merit is a different format; describe the actual winner-selection process before deciding whether this chance-promotion rule applies.
Sources: New York GBL §369-e; Department of State filing instructions.
Prize security and the post-promotion report
Arrange the required security through an eligible trust account or certificate of deposit, or a surety bond. Follow the Department of State’s filing instructions for the promotion’s prize value; registration does not replace awarding the prizes or following the published rules.
Within 90 days after completion, file the required statement identifying winners of prizes worth more than $25, the prizes and delivery dates. Keep the underlying award records and make the required winners information available. Do not substitute a generic financial statement for the prescribed report.
Sources: Security and reporting requirements; Forms and filing instructions.
Make the promotion understandable before entry
The filing includes the rules, prize information and odds. Prepare those details before opening the form: sponsor identity, eligibility, entry period, entry limits, selection method and how winners receive their prizes.
For a public-vote competition, explain the voting window, vote limits and tie handling. This is practical drafting guidance; voting should not automatically be described as a legally established pure-skill mechanism.
Sources: Information included in the filing.
Registration and campaigns open to other states
A campaign open beyond New York may also trigger other states' requirements. Compare the New York, Florida and Rhode Island filing rules before finalizing eligibility and launch dates.
The state-law directory links to all 50 states and DC. A “void where prohibited” line does not itself define your eligible audience or complete a required filing.
Before opening entries
Use these practical drafting and administration steps alongside the applicable state rules:
- Identify the sponsor, eligible entrants, entry period and advertised prize.
- Explain the free entry method and how winners are selected. For submissions, describe judging criteria or voting stages and tie handling.
- Make advertisements, the form and full rules agree; do not imply an entrant has already won.
- Plan verification, notification and fulfillment, and retain the rules and selection records.
Federal advertising standards also apply. The FTC warns against misleading purchase prompts and prize claims; see its advertising guidance. Tax reporting and channel-specific rules are covered in the national sweepstakes guide.
Nearby sweepstakes law guides
Planning a promotion across state lines? Review the guides for nearby jurisdictions.
Revup
Revup helps you collect entries and manage promotion workflows. Match your campaign settings and official rules to the requirements of your actual promotion.
