Montana Contest and Sweepstakes Laws

Montana regulates gambling under Title 23, Chapter 5 of the Montana Code Annotated, and the definitions in 23-5-112 are where a promotion gets measured. Montana's administrative rules describe a bona fide promotional game as one that gives property to people who have not paid, and aren't expected to pay, valuable consideration (Mont. Admin. R. 23.16.3501). The same rule treats a deposit or any other condition on entering or winning as consideration.

In practice that means:

1. Entry has to be free. Don't ask for a purchase, deposit or fee.
2. Any paid Action needs a free alternative method of entry (AMOE).
3. Winners shouldn't have to buy anything to claim a prize.

The same rule deals with department approval of promotional games, so check it before you run anything with a purchase attached. Read the current text of 23-5-112 on the Montana Legislature's site before you rely on the definitions.

Our Contest & Sweepstakes Laws by State in the U.S. guide covers the other states.

This isn't legal advice. Ask a Montana attorney if your promotion involves any payment.

Sources:

• Mont. Admin. R. 23.16.3501, Department approval of promotional games of chance
• Montana Code Annotated, Title 23, Chapter 5