South Dakota Contest and Sweepstakes Laws

In South Dakota, contests and sweepstakes are allowed if properly structured to avoid the legal definition of a lottery. A lottery in South Dakota consists of prize, chance, and consideration. To comply, sweepstakes eliminate consideration by offering a free alternative method of entry (AMOE), while contests eliminate chance by basing results on skill or merit.

Promotions conducted in South Dakota must clearly disclose eligibility requirements, entry methods, odds of winning, and prize descriptions. No purchase or payment may be required for participation or winning. Sweepstakes must also comply with the South Dakota Deceptive Trade Practices and Consumer Protection Act, which prohibits misleading, deceptive, or unfair promotional practices.

Charitable gaming, such as raffles and bingo, is regulated separately by the South Dakota Department of Revenue. Private business promotions targeting South Dakota residents must prioritize transparency, provide a free means of participation, and comply fully with state gambling and consumer protection laws.

Sources:

• South Dakota Codified Laws Title 22, Chapter 25 – Gambling and Lotteries
• South Dakota Attorney General – Consumer Protection Division
• South Dakota Deceptive Trade Practices and Consumer Protection Act