Running a sweepstakes, contest, or instant win promotion that's open to Delaware residents? This guide covers every state-specific requirement you need to know — registration obligations, bonding, raffle restrictions, alcohol prize rules, and the key statutes that govern promotions in DE. Federal requirements (FTC rules, no-purchase-necessary, tax reporting) apply in every state — this page focuses on what's unique to Delaware.
Registration Requirements
Delaware does not require sweepstakes registration or bonding. Delaware does not require sweepstakes registration or bonding. Your promotion must comply with federal requirements (FTC rules, no-purchase-necessary, postal lottery statutes) and DE's general consumer protection laws.
Key Statutes
The following Delaware statutes are relevant to sweepstakes and promotional compliance:
- Del. Code tit. 11, § 1401 et seq. (gambling)
Regulatory body: Delaware Attorney General
Sweepstakes Rules in Delaware
Legal with standard NPN compliance. Delaware has relatively permissive promotion laws.
Contest Rules
Skill-based contests are permitted without additional state requirements.
Instant Win Rules
Instant win games are legal with standard free entry requirements.
Raffle & Lottery Rules
Raffles: Raffles are restricted to licensed charitable organizations.
Lotteries: State-run via Delaware Lottery. Private lotteries are illegal.
Commercial raffles are illegal in Delaware
Raffles — where participants pay for a ticket and winners are drawn at random — are restricted to qualified nonprofit organizations. Brands cannot run commercial raffles. If your promotion involves purchasing a ticket for a chance to win, restructure it as a sweepstakes (free entry required) or a contest (skill-based judging).
Alcohol Prize Rules
Delaware permits DTC wine shipments. Beer and spirits shipping requires additional licensing.
Key Takeaways for Delaware
Delaware Compliance Checklist
- Comply with all federal requirements (FTC, NPN, postal lottery statutes)
- Draft complete official rules with all required disclosures
- Ensure AMOE provides equal odds of winning
- Collect W-9 for prizes valued at $2,000+
- Include 'void where prohibited' clause in official rules
- Check Delaware's consumer protection laws for disclosure requirements
Related Resources
For the complete legal framework that applies to all U.S. sweepstakes, see our pillar guides:
- The Complete Guide to Sweepstakes Laws — federal requirements, state registration, official rules, and tax reporting
- How to Run a Sweepstakes — step-by-step guide from planning to winner selection
- Interactive Sweepstakes Law Map — see requirements for all 50 states at a glance
- State Registration & Bonding Requirements — deep dive on NY, FL, and RI registration
- Sweepstakes vs Contest vs Lottery — the legal distinctions that determine compliance requirements
Revup
Revup tracks state-by-state compliance requirements and flags registration obligations based on your prize value and eligible states.
