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Metaverse-ing Your Sweepstakes? | Insights

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Sweepstakes and other promotional devices such as contests and giveaways are already very popular on social media. As the Metaverse has grown in popularity, many brands have expanded their advertising and marketing footprints to jump on the trend, with sweepstakes on the Metaverse being a prime example. Many brands are already running sweepstakes, When less compliant fashion), brands should apply the same general legal considerations that apply to sweepstakes to sweepstakes that take place in the Metaverse, whether they take place in-store or on social media. It is also important to note that the Metaverse also applies. In fact, the metaverse adds complexity to these legal considerations.

Free Alternative Entry Method

Sweepstakes must offer a free Alternative Method of Entry (AMOE) if considerations (such as purchase requirements) are required to enter the Sweepstakes. While the concept of AMOE has evolved over the years with the use of social media, it has always been important for brands to consider whether the sweepstakes really has his AMOE. Historically, AMOE included entries for postcards and toll-free numbers. The postcard and internet landing page entry form methods are the most popular methods of his AMOE today. The current trend among brands hosting ‘Like & Tag’ sweepstakes on social media is to do away with AMOE.

Whether or not this is desirable is a topic of discussion beyond the scope of this post. Brands also specifically consider key elements of the Metaverse Sweepstakes, such as whether the brand requires the purchase of digital items or whether digital items (NFTs, digital avatars, digital apparel, etc.) must be distributed. need to do it. Media or metaverse related platform accounts or digital wallets. This affects AMOE’s no-charge analysis where a fee or other consideration is required to obtain, participate in, or receive a prize. This analysis is critical because brands want to avoid situations where regulators see sweepstakes as illegal lotteries.


While the metaverse (similar to traditional social media) allows brands to connect with consumers around the world, it is important for brands to consider eligibility requirements for potential sweepstakes. Note that in addition to age restrictions and registration requirements that may be imposed depending on the participant’s location (and the value of the prize awarded), sweepstakes may not be legal outside the United States is important. WHERE LEGAL, WITH SIGNIFICANT LIMITATIONS. For example, the exclusion of chance or some form of skill must be involved in determining outcomes or accepting prizes. Failure to consider these issues carries significant regulatory, financial and reputational risks. Brands are advised to consult local legal counsel (in addition to US legal counsel) when conducting Sweepstakes that allow participants outside the United States to participate.

Disclosure of important information

In addition to considering the sweepstakes structure, brands should also consider how to disclose material information related to the sweepstakes, such as free-form entries and eligibility requirements. This is very important. Because today’s brands tend to forget to have a formal set of “official rules” to govern their promotions. The desirability of having a formal set of official rules, as well as the appropriateness of contributing his AMOE to the “like and tag” sweepstakes, is a topic of broader debate. Nevertheless, the features and structures of the many virtual worlds that make up the Metaverse make it difficult to determine “how” important information related to sweepstakes should be disclosed in the Metaverse and/or direct consumers to non-online content. It adds a layer of nuance to the “how”. Metaverse space to get the official rules. This nuance poses a problem as regulators may conclude that material disclosures are insufficient to inform consumers.


Sweepstakes are common on social media and may become common in the metaverse, but these promotions have their own legal risk considerations. The topics above are just the tip of the iceberg. These legal risk considerations are amplified when the Sweepstakes is conducted in the Metaverse or in connection with the many new and pending technologies associated with the Metaverse. Brands must implement policies and procedures related to such promotions to minimize risk. And finally, while brands may have adequate policies and procedures, to prevent the many avoidable mishaps associated with running sweepstakes, brands partner with legal counsel (both internal and external). This is especially important as regulators, courts, and other bodies begin to implement new rules or interpret existing rules to apply to the Metaverse.

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