Rules Matter Even for the Pat McAfee’s of the World

By: Sara Dalsheim

Former NFL punter and now ESPN analyst/commentator Pat McAfee is constantly garnering attention for his flashy takes and fun interviews. Most recently, he has also gained the attention of college football fans and students via his weekly “Kicking Is Easy” contest segment on ESPN’s wildly popular “College Gameday” – where McAfee gives away $1 million, and sometimes even more, to one college student who successfully kicks a 33-yard field goal.[1] As is common with McAfee, the giveaway has started a lot of online chatter, because of both the large prize and the big personality connected to it. Questions have arisen such as what exactly is the prize, who pays the prize, and how is the participant is chosen, among other things.[2]

These questions go to show that personalities like Pat McAfee, and companies that conduct such contests and promotions, need to establish concrete and detailed rules. In fact, none of these details should ever be up for debate; all these questions should be anticipated and answered within the contest/promotion’s official rules.

Written rules are important for many reasons, but most importantly to avoid any unanticipated lawsuits or liability. The rules serve as the legal terms and conditions governing the operation of the contest, promotion, or sweepstakes. As with most legal documents, the key to good rules is in the details. Rules should not just lay out what the prize is and how the contest will be run. They should state, in detail, how one may enter or be eligible for the prize, the date/time and exact circumstances surrounding a contest or promotion, entry conditions, and how the winner will be determined. It is not enough just to simply state that the prize is “X”. Instead, the rules should be clear on the value of the prize, and state in detail how it must be collected and delivered, including any verifications of the sponsor prior to rewarding the prize. For prizes, such as Pat McAfee’s, it is also very important to make clear the tax obligations in connection with the prize. Further, there are several key legal provisions that should be included in rules, such as limitations of liability, warranties, sponsor’s reservation of rights, privacy and publicity disclosures, dispute resolution, and choice of law.

Particularly, the flashier and more attention grabbing a contest/promotion is, the more paramount it is to have ironclad rules surrounding that promotion. A set of experienced legal eyes over rules may make the difference between successfully running a promotion and facing a headache of complaints and threats of legal action.[3]

[1] Matt De Lima, How Much ‘Kicking Is Easy’ Money Has Pat McAfee Given Away on ‘College GameDay’?, SI (Oct. 30, 2026), https://www.si.com/fannation/college/cfb-hq/news/how-much-money-pat-mcafee-given-away-college-gameday-kicking-is-easy.

[2] Id.; Matt De Lima, Pat McAfee Makes Change to Kicking Contest on ESPN’s ‘College GameDay’,

[3] See e.g., Zachary Crockett, The Time Pepsi Got Sued for a $33m Fighter Jet, The Hustle (Oct. 1, 2024), https://thehustle.co/the-time-pepsi-got-sued-for-a-33m-fighter-jet.