InstaCommentPickers

Instagram Giveaway Rules

Instagram allows giveaways, but it puts the responsibility for running them properly on you. This guide sets out what Instagram's Promotion Guidelines ask for, the rules the law usually adds on top, and a template for official rules you can adapt. It is general information, not legal advice; for a large prize or an unfamiliar country, check with a lawyer.

Updated

What Instagram's Promotion Guidelines require

Instagram's Promotion Guidelines are short. In summary, the account running the promotion is responsible for doing it lawfully, and must:

  • Publish the official rules, offer terms and eligibility requirements, such as age and residency limits.
  • Include a complete release of Instagram by each entrant, and acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
  • Not tag content inaccurately, or encourage people to tag themselves or others in content they do not appear in.
  • Comply with the laws and regulations that apply to the promotion, wherever entrants live.

Instagram also states that it will not help you run the promotion. Read the full text in Instagram's Promotion Guidelines before you post.

What the law usually adds

Promotion law differs by country and, in the US, by state. A few points come up almost everywhere:

  • No purchase necessary. In the US, a promotion that combines a prize, chance and a required payment can count as an illegal lottery. Free entry keeps a random giveaway a sweepstakes.
  • Age and residency. Say who can enter. Many hosts limit entry to adults and to the countries they can legally ship to.
  • Void where prohibited. Some places restrict or ban certain promotions; a clear eligibility clause keeps entrants from those places out.
  • Registration for large prizes. Some jurisdictions, such as New York and Florida in the US, require registration for games of chance above a prize-value threshold.
  • Tax. A prize can be taxable income for the winner in some countries. Say who covers any tax or shipping.

What to put in your official rules

  • Who is running the giveaway, with a way to contact them.
  • Who can enter: minimum age, countries or regions, and who is excluded (for example staff and their families).
  • The entry period: start and end date, time and time zone.
  • How to enter, and what counts as a valid entry: the required comment, number of tags, hashtag or keyword, and whether multiple comments count once or more.
  • The prize, its approximate value, and anything not included.
  • How the winner is chosen: a random draw from eligible comments, when it takes place, and that the odds depend on the number of eligible entries.
  • How and when the winner is contacted, how long they have to respond, and what happens if they do not.
  • Your right to disqualify fake, automated or rule-breaking entries.
  • The Instagram release and non-affiliation statement.

An official rules template

Replace everything in square brackets, delete what does not apply, and publish the result somewhere entrants can read it, such as a page linked from your bio.

Official rules
[GIVEAWAY NAME] – OFFICIAL RULES

NO PURCHASE NECESSARY. A purchase will not increase your chances of winning.

1. Organiser. This giveaway is run by [NAME / BUSINESS], [CONTACT EMAIL OR ADDRESS] ("Organiser").

2. Eligibility. Open to residents of [COUNTRIES / REGIONS] who are at least [AGE] years old at the time of entry. Employees of the Organiser and their immediate families are not eligible. Void where prohibited.

3. Entry period. The giveaway opens on [DATE] at [TIME, TIME ZONE] and closes on [DATE] at [TIME, TIME ZONE].

4. How to enter. Comment on the giveaway post at [POST LINK] [and tag (NUMBER) friends] [and include #HASHTAG]. [Each account may enter once; additional comments do not add entries.] Tags must be real people.

5. Prize. [NUMBER] winner(s) will receive [PRIZE] (approximate value [VALUE]). The prize is not transferable and cannot be exchanged for cash. [Shipping is covered by the Organiser.]

6. Winner selection. The winner(s) and [NUMBER] backup(s) will be drawn at random from all eligible comments on [DATE] using a random comment picker. The odds of winning depend on the number of eligible entries.

7. Notification. The winner(s) will be announced on [WHERE] and contacted by direct message from @[YOUR HANDLE] only. The winner must reply within [NUMBER] days, or the prize passes to the next backup. We will never ask for payment or card details.

8. Disqualification. The Organiser may disqualify entries from fake or automated accounts, or entries that break these rules.

9. Instagram. This giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering, entrants release Instagram from any liability connected with the giveaway.

10. Privacy. The winner's details will be used only to deliver the prize.

A short version for the caption

Most people only read the caption, so repeat the essentials there and link the full rules.

Caption rules block
HOW TO ENTER
1. [Follow @YOURHANDLE]
2. Comment on this post [and tag (NUMBER) friends]
[3. Include #HASHTAG in your comment]

Open to [COUNTRIES], [AGE]+. Closes [DATE, TIME, TIME ZONE]. Winner drawn at random from eligible comments on [DATE] and contacted only by @[YOURHANDLE]. No purchase necessary. Full rules: link in bio.
This giveaway is not sponsored, endorsed or administered by, or associated with, Instagram.

Rules that are hard to enforce

A rule nobody can check is a rule people argue about. A comment picker can enforce a required hashtag or keyword, a minimum number of distinct tags, one entry per account, and excluding your own comments. It cannot see likes, follows, Story shares or replies under other comments.

If your rules include something the picker cannot check, say that it will be verified for the winner only, check it by hand after the draw, and draw backups so a disqualified winner does not mean a second, separate draw.

Checklist before you post

  • The caption says how to enter, who is eligible, when entries close (with time zone) and when the winner is drawn.
  • The caption includes the statement that Instagram is not involved.
  • Entry is free, with no purchase required.
  • Full rules are published and linked.
  • The rules match what the picker will enforce.
  • You know which account will contact the winner, and the caption says so.

Frequently asked questions

Does Instagram allow giveaways?

Yes. Instagram allows promotions such as giveaways under its Promotion Guidelines. The account running the giveaway is responsible for running it lawfully and for publishing the rules.

Do I have to say my giveaway is not affiliated with Instagram?

Yes. Instagram's Promotion Guidelines ask for a complete release of Instagram by each entrant and an acknowledgement that the promotion is not sponsored, endorsed or administered by, or associated with, Instagram.

Can I ask people to tag friends?

Yes, as long as the tags are real. What the guidelines prohibit is inaccurate tagging, such as encouraging people to tag themselves or others in photos they do not appear in.

Where should I publish the official rules?

Put the essentials in the caption, because that is what most entrants read, and publish the full rules on a page linked from your bio.

Is this legal advice?

No. It is general information about Instagram's guidelines and common promotion rules. Laws differ by country and state, so for a large prize or an unfamiliar market, ask a lawyer.

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