Sub-only giveaways and the law

This includes giveaways that give preferential treatment to your subscribers, by the way.

I’ll make this very simple for you: if you run a giveaway on Twitch, you legally cannot require people to subscribe to your channel as a condition of entry.

United States federal laws and regulations prohibit it. Additionally, many state and local laws prohibit this behavior as well.

From the Federal Trade Commission:

Are there any rules about ads for contests or sweepstakes? Sweepstakes-type promotions that require a purchase by participants are illegal in the United States. Other agencies, including the United States Postal Service (USPS) and the Federal Communications Commission (FCC), also enforce federal laws governing contests and prize promotions. And each state has laws that may require promoters to make disclosures, seek licensing, or post a bond. Since state laws vary, check with the Attorney General’s Office in the state(s) in which you plan to advertise. Source:

https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-guide-small-business

also

Legitimate sweepstakes are free and by chance

It’s illegal to ask you to pay or buy something to enter or increase your odds of winning. Source:

https://www.consumer.ftc.gov/articles/0199-prize-scams

You cannot require people pay you money or buy a service or product to gain an entry.

You also cannot grant subscribers or purchasers or donors extra entries or otherwise give them a greater chance of winning than free entrants do.

If you think this doesn’t apply to you because you are not located in the United States, think again.

Because you are advertising it on Twitch, an American company operating in America whose domain is in America, you fall under its jurisdiction.

It’s also, at the very least, against Twitch’s Terms of Service.

d. Promotions Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the Twitch Services (a “ Promotion ”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Twitch has the right to remove your Promotion from the Twitch Services if Twitch reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. (iii) Twitch is not responsible for and does not endorse or support any such Promotions. You may not indicate that Twitch is a sponsor or co-sponsor of the Promotion. (iv) You will display or read out the following when a Promotion is connection with your Promotion: “This is a promotion by [Your Name]. Twitch does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.

There are other requirements for giveaways as well, but sub-only giveaways are so ubiquitous on Twitch that this is the first thing to gripe about.

It needs to go away.