Hinch Law

This post was updated in August 2018. As of that date, the Prizes and Gifts Act remained the same as when this post was originally written, but social media policies such as Facebook have been modified. A sweepstakes or giveaway can be an effective promotional tool for a wide variety of businesses.  With the hyper-prevalence of social media, it is more feasible than ever for a business to reach a far and wide audience and potential market for its products or services.  If you are considering tapping into the power of social media to offer a promotional giveaway, it is important to know the rules first.  The rules are governed by 1) the law and 2) the policy terms of the social medium, which you are typically required to follow by their terms of service.  In Illinois, the applicable law is the Illinois Prizes and Gifts Act , 815 ILCS 525/1, et. seq (the Act).  Check your local jurisdiction elsewhere. The Act applies to any written promotional offer made to a person in Illinois