Pursuant to the statute, every operator of a game in which the total announced value of the prizes offered is greater than $5,000 shall provide the Department with a certified list of the names and addresses of all persons who have won prizes which have a value of more than $25, the value of such prizes, and the dates when the prizes were won, within 60 days after such winners have been finally determined. This requirement has generally been interpreted by the industry to mean that game promotion operators must submit winners lists within 60 days after they have definitively determined who the winners of the promotion are, and those winners have agreed to accept the prize. This will generally occur after the drawing and receipt of all fulfillment documentation from the winners of a sweepstakes. Failure to file a certified list of winners within the prescribed time period can subject a game promotion operator to a fine of up to $1,000 per violation.

The Department has acknowledged, in informal discussions, that 60 days after a drawing might not be enough time for sweepstakes operators to reasonably conclude fulfillment of a game promotion, due to winners rejecting prizes and/or common delays in completing fulfillment documentation. As such, we have been informed that the Department will be revising its Game Promotion Filing Application to include a “completion date.” Once the form is revised, this “completion date” will reflect the date by which the operator reasonably believes that a certified list of winners can be filed with the Department. Until such time as the Game Promotion Filing Application is revised, when filing a sweepstakes with the Department, it has requested that game promotion operators indicate a “completion date” in the cover letter that accompanies the filing documents.

A similar law in New York provides that every person, firm or corporation engaging in any game promotion shall within ninety days following the completion of said promotion or advertising scheme or plan, file with the secretary of state a listing of the name and address of each winner of every prize having a value of more than twenty-five dollars, the description of the prize won by each such person, and the date when such prize was delivered to each such person. While New York has not yet adopted an aggressive enforcement policy with regard to this statute, it is suggested that game promotion operators make every effort to comply with New York’s winners list filing requirements.