Promotional giveaways and sweepstakes using SMS

Guidelines for promotional giveaways and sweepstakes offered via SMS

Below are the rules required to include promotional giveaways and sweepstakes via SMS.

No Purchase Necessary (Avoid Running an Illegal Lottery)

Under US law, a lottery requires three things: a Prize, Chance (random selection), and Consideration (a cost or required purchase to enter). Because a sweepstakes uses Prize and Chance, you must remove Consideration.

• You cannot require a customer to buy a pet product or pay a fee to enter.
• You must offer a Free Alternate Means of Entry (AMOE)—like a free web form or mail-in entry—that gives non-purchasers the exact same odds of winning.

Explicit Marketing Opt-In (TCPA Compliance)

Entering a giveaway via text does not automatically give you permission to send ongoing marketing texts unless disclosed properly.

• One-Time Entry: If texting a keyword only enters them into the giveaway and sends a single confirmation reply, standard consent applies.
• Subscribing to Marketing: If you plan to send future promo texts, discount codes, or pet care tips, your promotional sign-up text or web page must state: "By entering, you agree to receive recurring automated marketing texts from [Brand Name]. Consent is not a condition of purchase. Msg & data rates may apply."

Clear Official Rules

You must link to a full set of Official Rules in your initial entry confirmation or opt-in message. The rules must detail:

• Sponsor details and eligibility criteria (e.g., US residents, 18+).
• Start and end dates.
• Description and Approximate Retail Value (ARV) of the pet prize.
• How and when the winner will be drawn and notified.

Avoid Restricted Carrier Terms

Carriers (Verizon, AT&T, T-Mobile) actively filter messages containing hype-heavy trigger words like "WINNER," "FREE," or "GIVEAWAY" if your sending campaign isn't pre-approved. Make sure your 10DLC campaign or Toll-Free number is properly registered with your SMS gateway before launching.

Sample rules templates for giveaway or sweepstakes

[BRAND NAME] SMS SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. Eligibility

The [Brand Name] [Sweepstakes Name] (the "Sweepstakes") is open only to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of [Brand Name] ("Sponsor"), its parent companies, subsidiaries, affiliates, advertising agencies, and immediate family members are not eligible to enter.

2. Sweepstakes Period

The Sweepstakes begins on [Start Date] at 12:00 AM [Time Zone] and ends on [End Date] at 11:59 PM [Time Zone] (the "Sweepstakes Period"). Sponsor's clock is the official time-keeping device for the Sweepstakes.

3. How to Enter

There are two (2) ways to enter:

• Method 1: SMS Entry. During the Sweepstakes Period, text the keyword [KEYWORD] to [SHORT CODE / PHONE NUMBER] using a wireless mobile device. You will receive an automated text confirmation containing a link to complete your entry form.SMS Disclosure: By entering via SMS, you consent to receive automated promotional and marketing text messages from [Brand Name]. Consent is not a condition of purchase. Standard message and data rates may apply. Text STOP to cancel, HELP for help.
  • SMS Disclosure: By entering via SMS, you consent to receive automated promotional and marketing text messages from [Brand Name]. Consent is not a condition of purchase. Standard message and data rates may apply. Text STOP to cancel, HELP for help.
• Method 2: Free Alternate Means of Entry (AMOE / Mail-In or Web Form). To enter without texting or opting into marketing messages, visit [URL] and complete the online entry form with your full name, email address, phone number, and physical mailing address. All entries submitted via the online form offer the exact same odds of winning as SMS entries.

Limit: One (1) entry per person/mobile phone number regardless of method of entry.

4. Prize and Approximate Retail Value ("ARV")

• Prize: One (1) Winner will receive [Detailed Description of Prize, e.g., A 1-Year Supply of Premium Dog Treats and a Custom Pet Bed].
• Total ARV: $[Dollar Amount, e.g., $500.00]. Prizes are non-transferable, and no substitution or cash equivalent will be made except at the Sponsor's sole discretion. All federal, state, and local taxes associated with prize acceptance are the sole responsibility of the Winner.

5. Winner Selection and Odds

On or about [Drawing Date, e.g., 2 business days after end date], Sponsor will select one (1) potential winner in a random drawing from among all eligible entries received across both entry methods. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.

6. Winner Notification

The potential winner will be notified via SMS message or email at the phone number/email address provided upon entry. If a potential winner does not respond within [e.g., 48 hours] of the first notification attempt, the prize will be forfeited and an alternate winner may be selected.

7. Limitation of Liability & Release

By participating, entrants agree to release and hold harmless [Brand Name], its affiliates, advertising platforms, wireless carriers, and their respective officers, directors, and employees from any and all liability, loss, or damage arising out of participation in the Sweepstakes or the acceptance, possession, or use of any prize.

8. Privacy

Information collected from entrants is subject to Sponsor’s Privacy Policy located at [URL].

9. Winner List & Official Rules

To request a copy of the Winner List or these Official Rules, send a self-addressed, stamped envelope to: [Business Address] within 30 days of the Sweepstakes end date.

SPONSOR: [Brand Name, Legal Business Name, Address].