During a fraught economic time when businesses may be seeking to engage with consumers any way possible, a great marketing technique is hosting a game, including a sweepstakes (game of chance) or contest (game of skill). It’s as simple as having people fill out a form or drop a business card into a fishbowl to win a random drawing or submit a creative photo or sketch to earn a prize.

However, when running a game, the participants are not the only ones beholden to rules. Attorneys versed in this field of law know that in order to create a successful sweepstakes or contest, the business hosting such a game has the burden of ensuring all rules of the game are clear and it does not run afoul of any local, state or federal gaming laws. Notably, businesses and their legal advisors need to be sure any game is not actually an illegal lottery.