I write the attorney opinion letter Meta, TikTok, and payment processors want to see before approving your giveaway.

The deliverable

One opinion letter on my California attorney letterhead with my CA Bar number, addressed to you (or to your entity), suitable for submission to Meta, TikTok, Google, Amazon, payment processors, or partner brands when they ask to see one.

The letter covers:

• Review of your official rules, privacy policy, and terms of service as they appear live on your domain at the date of the letter.
• The classic consideration / chance / prize lottery analysis under U.S. federal and state law, applied to your specific facts (sweepstakes vs. contest vs. potential lottery).
• Confirmation that the no-purchase-necessary entry method, if applicable, is conspicuous and equivalent.
• Eligibility, jurisdictional exclusions (states where the promotion is or is not open), and age-restriction analysis.
• Identification of whether prize-pool thresholds for New York or Florida pre-registration appear to be triggered, and a flag if Rhode Island retail-sweepstakes registration may be in play.
• Tax-reporting framework note (Form 1099-MISC for prizes valued at $600 or more, withholding for higher-value prizes).
• Brief reference to platform-policy compliance for Meta or whichever platform you specify at intake.
• One revision round if your rules change between submission and final delivery.

The three-element lottery test

U.S. private lottery law turns on whether a promotion combines all three of prize, chance, and consideration. If all three are present, the promotion is generally an illegal private lottery in the United States.

• Sweepstakes removes consideration by offering a genuine no-purchase-necessary entry method that has equal weight to any paid or purchase-tied entry.
• Contest removes chance by judging entries on skill, merit, or objective criteria rather than random selection.
• Lottery retains all three elements and is restricted to state-licensed operators.

Federal framework

18 U.S.C. §§ 1301-1304 federalize the lottery analysis through mail and broadcast prohibitions; 39 U.S.C. § 3005 governs lottery materials in the mail. Many platform policies, including Meta's, key off the federal framework.

State consumer-protection overlay

State unfair-competition and consumer-protection statutes apply on top of the federal framework. California's Business and Professions Code §§ 17539-17539.5 governs sweepstakes mailings and prize-promotion conduct; New York General Business Law §§ 369-e and 369-ee impose registration and bonding above thresholds; Florida Statutes Chapter 849.094 imposes parallel registration. The opinion letter applies the right state filter for the audience you describe at intake.

The three registration states

Most U.S. states do not require pre-registration for sweepstakes that are properly structured. Three states do, when prize-pool thresholds are triggered:

• New York (NY GBL § 369-e): registration and surety bond required for sweepstakes with total prize value over $5,000. Filing is with the New York Department of State at least 30 days before the start.
• Florida (Fla. Stat. § 849.094): registration and surety bond required for game promotions with total prize value over $5,000. Filing is with the Florida Department of Agriculture and Consumer Services at least 7 days before the start.
• Rhode Island (R.I. Gen. Laws § 11-50-1 et seq.): retail-sweepstakes registration may apply for retail-outlet-tied sweepstakes over $500 in total prize value.

What the opinion letter does about registration

The opinion identifies whether your prize pool, as you described it at intake, appears to trip a registration threshold and what state(s) likely require action. The opinion does not include the actual registration filings or bond procurement unless we scope that as a separate engagement.

A typical separate registration engagement runs $750 to $1,500 per state depending on filing complexity and bond logistics. Bond costs are paid directly by you to the surety.

Common triggers

• Meta or Instagram ad account approval. Your campaign got flagged or your account is in manual review and the team is asking for a legal opinion before lifting the hold.
• TikTok, Google, or X campaign launches. Some ad platforms ask for a legal opinion when the promotion mentions a prize over a certain value or runs cross-platform.
• Payment processor onboarding. Stripe, PayPal, and Square sometimes flag accounts associated with prize promotions; the opinion letter often resolves the file.
• Brand partnerships and co-branded giveaways. The bigger brand wants to see that your promotion structure is legally sound before they lend their name.
• Influencer or affiliate distribution. Networks that share promotions across audiences want a legal opinion on file for their own compliance.
• Recurring monthly or weekly giveaways. Annual review and update of the opinion letter is good practice if the program is ongoing.

Not included in the $575 opinion-letter scope

• Drafting the rules themselves. If you do not yet have official rules, privacy policy, and terms of service posted, I can draft them as a separate engagement.
• State pre-registration filings. NY, FL, or RI registration paperwork and bond procurement are separate.
• Tax filings. Form 1099-MISC for prize winners and any withholding obligations are your responsibility or your CPA's.
• Defending an existing enforcement matter. If you have already received a notice from a state AG, a FTC inquiry, or a platform-policy enforcement decision, that is a different engagement.
• Influencer or talent agreements. Contracts with influencers or judges who promote or score the giveaway are separate.
• International coverage. My opinion is U.S.-focused. If your promotion runs in Canada, the UK, EU, or AU, those jurisdictions need local counsel for their parallel rules.

If any of these become relevant during the work, I will tell you and quote them separately rather than expand the scope silently.