Instagram is one of the most effective platforms for running sweepstakes and giveaways—but before you launch that next “like, follow, and tag” contest, it’s important to make sure your promotion is legally compliant. With consumer protection laws, platform policies, and state regulations in the mix, a misstep can quickly turn a marketing win into a regulatory headache.
As a sweepstakes attorney, I’ve helped brands, creators, and agencies navigate the rules for legally sound Instagram promotions. Below are five legal tips to help you run a successful, compliant sweepstakes that protects your brand while engaging your audience.
Not all promotions are created equal. A sweepstakes is a game of chance (winners are chosen randomly), while a contest is a game of skill (judged based on performance). Lotteries, which include a prize, chance, and payment to enter, are generally illegal unless run by the state.
If your Instagram promotion involves all three elements of a lottery (prize, chance, and payment), it’s unlawful in most states. You’ll need to eliminate at least one of those elements—usually the payment or the chance—to stay compliant.
Every Instagram sweepstakes needs a set of official rules—not just a caption that says “must be 18+ to enter.” These rules should include:
The rules should be accessible via a link in your bio or post description. For higher-value promotions, it’s best to have a sweepstakes attorney draft or review your rules to ensure they’re enforceable.
To keep your sweepstakes legal, entry must be free and relatively easy. Requiring a purchase, a donation, or anything of substantial value (like signing up for a paid webinar or buying a product) turns your sweepstakes into a lottery—triggering legal consequences.
Asking users to like a post, follow your account, tag a friend, or comment is generally okay. Just make sure it’s not too burdensome, and always allow for alternative methods of entry if your promotion is more involved (e.g., also offering email entry).
If your Instagram sweepstakes is open to U.S. residents, you’re not just dealing with federal law—you’ll also need to consider state-specific regulations. For example:
To learn more about the requirements in each state, check out our guide on state sweepstakes laws.
Instagram has its own set of rules when it comes to promotions. You must:
It’s easy to overlook these, but non-compliance can result in your post being removed—or worse, your account being flagged.
Running a sweepstakes can be a powerful marketing tool—but only if it’s done right. At The Social Media Law Firm, we help brands and marketers launch promotions that are creative, engaging, and legally compliant.
Need help writing your sweepstakes rules or reviewing your next Instagram giveaway? Contact The Social Media Law Firm today.
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