Revised Florida Sweepstakes Law Effective April 10, 2013

The State of Florida has amended its law governing games of chance (F.S. 849), revising certain provisions including those governing game promotions and sweepstakes run by retailers and consumer brands, among others. The amendments to section 849.094, which governs game promotions in connection with the sale of consumer products or services, clarify that the state statute only permits games of chance run by commercial entities on a "limited and occasional basis," for marketing and advertising purposes "in connection with and incidental to" the sale of a product or service. The revisions specifically added sweepstakes to the definition of "game promotion," and appended the "and incidental to" language. The definition of "operator" was also expanded to add "a retailer who operates any game promotion," and a "corporation, organization, or association or agent" who promotes, operates, or conducts a "nationally advertised" game promotion, clarifying that the law