Browse topics

  • Governing law
    NameLaw or Code?

    The Civil and Commercial Code of the Argentine Republic ('CC Code')

    Code

    The Commercial Loyalty Law (Law number 22,802 as amended)

    Law

    Customers' Protection Law (Law number 24,240 as amended)

    Law

    Personal Data Protection Law (Law number 25,326 as amended)

    Law
    Decree 588/1998

    Decree

    Federal Lottery Resolution 17/2011

    Resolution

    Note: Prize promotions regulations in Argentina are the responsibility of each province. In the Autonomous City of Buenos Aires, Law number 538 regulates gambling games and the deployment of mass media (graphic, TV, radio). 

    Last modified 10 Feb 2017

  • Extra-territoriality

    In principle, if a promotion is operated purely online from outside of Argentina and the prizes are awarded outside of Argentina, the national regulators will not apply the local Argentine rules. Such promotion would be governed by the foreign jurisdiction's regulations.

    According to the Civil and Commercial Code, in contracts concluded outside commercial establishments, long distance, and using electronic media or similar, the place of performance is considered to be the place in which the consumer received or should have received the performance of the contractual obligations. That place sets the applicable jurisdiction for any conflict derived from the contract. Any provision extending jurisdiction is ignored.

    Last modified 10 Feb 2017

  • Skills competitions

    Yes, but ensure that:

    • The purchase of a product or service is not a requirement in order to be able to participate in the promotion; the elements required to enable a person to participate should be made available for free to anybody willing to participate, and

    • No element of chance should be used to determine the winner of the promotion

    Last modified 10 Feb 2017

  • Prize draws

    Yes, but ensure that:

    • The purchase of a product or service is not a requirement in order to be able to participate in the promotion; the elements needed to enable a person to participate must be made available for free to anybody willing to participate

    • Prior authorization from the Federal Lottery Agency (and in some cases by the Provincial entities regulating chance games) needs to be obtained when the prize exceeds AR$ 6,666 (approximately USD$425) in value

    Please note that awards based on answering general culture questions do fall within this category under Decree 588/1998.

    Last modified 10 Feb 2017

  • Selection of winners

    The terms and conditions of the promotion must be made available to the public and the process through which the winners shall be determined needs to be clearly established, including dates and place where the process will take place. It is suggested that the process be supervised by a Notary Public.

    If the awards are to be determined by chance, the mathematic adjudication used to determine the winner needs to be provided; if this is not possible an approximate estimation of it needs to be provided.

    The terms and conditions should indicate date and place where the prizes will be delivered and winners should be notified within 10 days of the prizes being awarded.

    Last modified 10 Feb 2017

  • Judges

    There are no legal requirements in relation to judges and judging in skill competitions.

    Last modified 10 Feb 2017

  • Prizes

    Prizes awarded must be as described in their marketing communications, or reasonably equivalent to the description.

    No forbidden and/or illegal goods should be awarded as prizes.

    Last modified 10 Feb 2017

  • Registration requirements and fees

    Promotions where the winner is selected either directly or indirectly by chance, and where the prize amount exceeds AR$ 6,666 (approximately USD$425), need the prior approval of the Federal Lottery Agency (and in some cases of the Provincial entities regulating chance games). The entity running the promotion needs to obtain a 1 year permit plus an individual permit for each promotion. The fees for an individual permit amount to AR$ 4,000 (approximately USD$255) according to resolution 17/2011.

    When a prize is awarded to a winner selected by chance a 31% special tax is levied. If the prize is cash, the entity awarding it must withhold and pay for the tax. If the prizes are goods the beneficiary must provide the entity awarding the prize the amount of money requested to pay for the special tax. Specific provincial taxes may apply in different jurisdictions.

    Last modified 10 Feb 2017

  • Other local requirements

    Promoters must provide certain and detailed information in relation to the prize promotion, including the essential characteristics of the prizes offered, and any other relevant terms.

    The information shall always remain freely available for the participants and in sufficient detail to enable a participant to understand the promotion.

    Conditions expressed in advertisements, brochures, circular letters or any other media are considered to be included in the contract concluded with the consumer, as binding terms.

    Last modified 10 Feb 2017

  • Timing

    For chance based promotions, time is required to request the permit from the Federal Lottery Agency (and the Provincial one, if applicable). Permits are usually granted within 3 months of a request being made.

    Those who are authorized, and have previously been authorized to conduct each prize promotion, will require an express authorization from the National Lottery. This express authorization must be obtained at least 5 days prior to publicizing the prize promotion and/or at the beginning of the promotion, whichever occurs first.

    The period in which the prize must be provided must not exceed 30 days, calculated from the date the prize winner is determined, except when the prize is registrable property or when it must be delivered by a third party, according to the conditions of the promotion, in which case the term will extend to 60 days.

    Last modified 10 Feb 2017

  • Translations

    Yes, the terms and conditions must be in Spanish.

    Last modified 10 Feb 2017

  • Penalties for non-compliance

    According to the Commercial Loyalty Law, the penalties for non-compliance are the following:

    • Fines from AR$500 (approximately USD$31) to AR$ 5,000,000 (approximately USD$319,000)

    • Suspension for up to 5 years from the providers registries that allow promoters to conclude contracts with the State

    • Loss of concessions, tax or special credit benefits

    • Closure of the facility for up to 30 days

    According to the severity of the breach, and if it is convenient, publication of a notice of the penalty in the same media may occur.

    In case of fraud, criminal actions may be initiated.

    Last modified 10 Feb 2017

  • Restrictiveness of regulations

    There are only a few restrictions on prize promotions in the Argentine regulation. It must be noted that prior to the launch of the promotion, an annual authorization must be obtained from the National Lottery, and forbidden acts under the Competence Defense Law must be avoided. Advertisements that contain false indications, lead or could lead to mistake and/or are abusive, discriminatory, or lead the consumer to behave in a dangerous or harmful way, must be avoided as well.

    Last modified 10 Feb 2017

  • Regularity of sanctions

    Fines and prison sentences are rarely imposed.

    Generally, in cases of breach, a complaint is submitted to the Consumer's Defense Office, where a monetary sanction can be applied to the non-compliant entity, and it can also be requested that the misleading advertisement be deleted.

    Last modified 10 Feb 2017

  • Key contacts
    Ignacio J. Randle
    Ignacio J. Randle
    Partner Estudio Randle [email protected] T +54 11 5252 0700
    Alejandro M. Massot
    Alejandro M. Massot
    Partner Estudio Randle [email protected] T +54 11 5252 0700

Governing law

What are the applicable governing laws or codes for prize promotions?

Argentina

Argentina

NameLaw or Code?

The Civil and Commercial Code of the Argentine Republic ('CC Code')

Code

The Commercial Loyalty Law (Law number 22,802 as amended)

Law

Customers' Protection Law (Law number 24,240 as amended)

Law

Personal Data Protection Law (Law number 25,326 as amended)

Law
Decree 588/1998

Decree

Federal Lottery Resolution 17/2011

Resolution

Note: Prize promotions regulations in Argentina are the responsibility of each province. In the Autonomous City of Buenos Aires, Law number 538 regulates gambling games and the deployment of mass media (graphic, TV, radio). 
Australia

Australia

In Australia, Prize Promotions are governed by State and Territory legislation. The laws and codes that will apply to a prize promotion will depend on where the Prize Promotion is advertised and made available to entrants. If a Prize Promotion is to be advertised nationally, the promotor will need to ensure compliance with the laws and codes in each State and Territory. A promoter may be required to obtain permits in more than one State or Territory.

Australian Capital Territory 

NameLaw or Code?
Lotteries Act 1964 (ACT) Law
Gambling and Racing Control (Code of Practice) Regulation 2002 Law

New South Wales

NameLaw or Code?
Lotteries and Art Unions Act 1901 no 34 (NSW) Law
Licensing and Registration (Uniform Procedures) Act 2002 (NSW) Law
Lotteries and Art Unions Regulation 2007 (NSW) Law

Northern Territory

NameLaw or Code?
Gaming Control Act 2000 (NT) Law
Gaming Control (Community Gaming) Regulations 2011 (NT) Law
Northern Territory Code of Practice for Responsible Gambling Code

Queensland

NameLaw or Code?
Charitable and Non-Profit Gaming Act 1999 (QLD) Law

South Australia

NameLaw or Code?
Lottery and Gaming Act 1936 (SA) Law
Lottery and Gaming Regulations 2008 (SA) Law

Tasmania

NameLaw or Code?
Gaming Control Act 1993 (TAS) Law
Gaming Control Regulations 2004 (TAS) Law

Victoria

NameLaw or Code?
Gambling Regulation Act 2003 (VIC) Law
Gambling Regulation Regulations 2005 (VIC) Law
Gambling Regulation Amendment Regulations 2012 (VIC) Law

WA

NameLaw or Code?
Gaming and Wagering Commission Act 1987 (WA) Law
Gaming and Wagering Commission Regulations 1988 (WA) Law

Australia

NameLaw or Code?
Australian Consumer Law, set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) Law
Privacy Act 1988 (Cth) Law
Spam Act 2003 (Cth) Law
Do Not Call Register Act 2006 (Cth) Law
Austria

Austria

NameLaw or Code?
Games of Chance Act (Glücksspielgesetz, 'GSpG') Law
Criminal Act (Strafgesetzbuch, 'StGB'): s. 168 StGB Law
Consumer Protection Act (Konsumentenschutzgesetz, 'KSchG') Law
Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, 'UWG') – General Provisions Law
E-Commerce Act (E-Commerce-Gesetz, 'ECG') - relevant where prize promotions are offered online Law
Data Protection Act 2000 (Datenschutzgesetz, 'DSG 2000') Law
Belgium

Belgium

NameLaw or Code?

Games of Chance Act 1999, as amended

Law

Lotteries Act 1851

Law

Code of Economic Law 2015, including rules on fair terms in consumer contracts and rules in relation to unfair commercial practices

Law

Privacy Act 1992, to be replaced by the future European General Data Protection Regulation

Law
Brazil

Brazil

NameLaw or Code?

Federal Law No. 5.768, of December 20, 1971 ('First General Regulation on Promotions')

Law

Decree No. 70.951/72, of August 9, 1972 ('Decree 70.951') (provides specific regulations on Promotions)

Law

Ordinance MF No. 41/2008, of February 19, 2008 ('Ordinance 41') Updated general regulation of promotions

Law

Ordinance MF No. 422/2013 (related exclusively to Cultural Promotions)

Law
Canada

Canada

NameLaw or Code?

The Criminal Code

Law (federal)

The Competition Act

Law (federal)

Act Respecting Lotteries, Publicity Contests and Amusement Machines

Law (province of Québec)

Charter of the French Language

Law (province of Québec)

Canada's Anti-Spam Law

Law (federal)
Personal Information Protection and Electronic Documents Act

Law (federal)

Various provincial privacy legislation

Law (provincial)

Chile

Chile

NameLaw or Code?

Chilean Civil Code

Code

Chilean Criminal Code

Code

Law 19,995, which establishes the general bases for the authorization, operation and control of casinos

Law

Law 20,851, which regulates bingos, lotteries or other similar sweepstakes, with a beneficial or solidarity purpose

Law
Law 18.568, which establishes standards of Lottery of Conception (Lotería)

Law

Decree No. 152, of the Ministry of Finance, setting the refunded, coordinated and systematized text of the Chilean Charity Polla organic law

Decree

Decree 1,298, which entrusts to Polla the administration of the system of sports forecasts (Sistema de Pronósticos Deportivos)

Decree

Law 4,566, of Hippodromes Law
Law N° 19.496, on the protection of consumer rights Law
Law 19,628, Data Protection Act Law
Note 1: Gambling is a regulated activity which is only lawful in situations expressly authorized by law. Games of chance are unlawful, unless authorized by special laws. There is no specific regulation regarding online gambling.
Note 2: The gambling games administered by Lotería and the Chilean Charity Polla are regulated through supreme decrees from the Ministry of Finance, which will establish terms and conditions applicable to the games with regards to the operation of them, the steps that Lotería should take to modify them and the conditions for participation by gamblers.
China

China

NameLaw or Code?
Anti-Unfair Competition Law of the People's Republic of China 1993
(反不正当竞争法)
Law
Certain Regulations on Prohibiting Unfair Competition in Prize-offering Sales 1993
(关于禁止有奖销售活动中不正当竞争行为的若干规定)
Code by the State Administration for Industry and Commerce
Certain Regulations on Anti-unfair Competition in Pharmaceutical Industry 1993
(医药行业关于反不正当竞争的若干规定)
Code by the State Pharmaceutical Administration
Reply of the State Administration of Industry and Commerce to Issues concerning the Determination of Acts of Unfair Competition in Prize Promotions 1999 (国家工商行政管理局关于有奖促销
中不正当竞争行为认定问题的答复)
Code by the State Administration for Industry and Commerce
Reply of the State Administration of Industry and Commerce on Issues concerning the Identification of Prize-offering Sales by Lottery Draw and the Interpretation Power of Anti-Unfair Competition Law 1998
(国家工商行政管理局关于抽奖式有奖销售认定及国家工商行政管理局对
反不正当竞争法》具体应用解释权问题的答复)
Code by the State Administration for Industry and Commerce
Law of the People's Republic of China on the Protection of Consumer Rights and Interests 2013
(消费者权益保护法)
Law
Advertising Law of the People's Republic of China 2015
(广告法)
Law
Measures for the Administration on Sales Promotion Acts of Retailers 2006
(零售商促销行为管理办法)
Code jointly issued by the State Administration of Taxation, State Administration for Industry and Commerce, Ministry of Commerce, Ministry of Public Security and National Development and Reform Commission
Decision on Internet Information Protection 2012 (and data protection provisions scattered in various laws and regulations)
(全国人民代表大会常务委员会关于加强网络信息保护的决定)
Laws and Codes
Colombia

Colombia

NameLaw or Code?
Constitution – Article 336, that establishes that all profits obtained from any gambling activity represent a monopoly for the nation. Such profits can only be destined to health programs. Constitution
Law 643 of 2001, which regulates all gambling activities Law
Decree 1068 of 2015, Part 7 – Regulation of Law 643 of 2001 Decree
Resolution COLJUEGOS 135 of 2012 – Establishes rates and requirements Resolution
Law 1581 of 2012 – Data Protection Law
Law 1480 of 2011 – Consumer Protection Law Law
Finland

Finland

NameLaw or Code?
The Consumer Protection Act (38/1978) Law
Lotteries Act (1047/2001) Law
The Information Society Code (917/2014) Code
France

France

NameLaw or Code?
May 21, 1836 law, prohibiting lotteries, codified under articles L. 322-1 et seq of the Internal Security Code, as modified by March 17, 2014 law Law
Article L. 121-20 of the Consumer Code deals with promotional lotteries (loteries publicitaires). Unfair / misleading / aggressive commercial practices are governed by articles L. 121-1 et seq. of the Consumer Code. Law
Recommendations of French advertising self-regulatory organization (ARPP) and the International Chamber of Commerce (ICC) Code on Advertising and Marketing Communication Practice Code
Decree No. 92-280 of March 27, 1992 regarding broadcast advertising Law
Law No. 78 17 of January 6, 1978 on 'Information Technology, Data Files and Civil Liberty' (data protection act), as amended Law
Article 34-5 of the French post and electronic communications Code regarding electronic direct marketing Law
Recommendations of the French data protection authority (CNIL) Code
Germany

Germany

NameLaw or Code?
Advertising Directive of the regional media authorities on television ('WerbeRL / Fernsehen') Code
Advertising Directive of the regional media authorities on broadcasting ('WerbeRL / Hörfunk') Code
German Act against Unfair Competition ('UWG'). Law
Interstate Treaty on Broadcasting for offers on broadcast media ('RStV') Law
Telecommunications Act ('TKG') Law
German Telemedia Act ('TMG') Law
Federal Data Protection Act ('BDSG') Law
German Civil Code ('BGB') Law
Law on Drug Advertising ('HWG') Law
Note: Providing gambling services without a German gambling license is illegal and may lead to administrative and even criminal offense proceedings. Regular prize promotions do not constitute gambling under German gambling regulations. However, caution is needed if the characteristics of gambling come into play (especially if payment is required to participate in the prize promotion and if winning the prize depends on chance).
Note: Prize promotions on broadcast media (TV and radio) are subject to significantly fewer rules (under the TMG and RStV) than on non-broadcast media (under the BGB and UWG). This booklet reflects the more detailed requirements relating to non-broadcast media; a careful approach would be to seek compliance with these for broadcast ads as well.
Hong Kong

Hong Kong

NameLaw or Code?
Gambling Ordinance (Cap. 148 of the laws of Hong Kong) (the 'Gambling Ordinance') Law
Gambling Regulations (Cap. 148A of the laws of Hong Kong) (the 'Gambling Regulations') Subsidiary legislation
Trade Promotion Competition Licence - Application Forms and Guide for Applicants (the 'Guide') Guidance Note
Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the 'Personal Data (Privacy) Ordinance') Law
Trade Descriptions Ordinance (Cap. 362 of the laws of Hong Kong) (the 'Trade Descriptions Ordinance') Law
Generic Code of Practice on Television Advertising Standards ('TV Code') Code
Radio Code of Practice on Advertising Standards (the 'Radio Code') Code
Code of Practice of the Association of Accredited Advertising Agents of Hong Kong (the 'AAAA Code') Code
Note: The AAAA Code only applies to members of the Association of Accredited Advertising Agents of Hong Kong.
India

India

NameLaw or Code?
Public Gambling Act, 1867 along with the relevant state legislations (a 'Key Prize Legislation') Law
Lotteries (Regulation) Act, 1998 and the Lottery (Regulation) Rules, 2010 (a 'Key Prize Legislation') Law
Indian Penal Code, 1860 Law
Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (a 'Key Prize Legislation') Law
Prize Competitions Act, 1955 (a 'Key Prize Legislation') Law
Information Technology Act, 2000 read with the relevant rules, more particularly the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 Law
Consumer Protection Act, 1986 Law
Advertising Standard Council of India Code Code
Telecom Regulatory Authority of India Act, 1997 read with Telecom Commercial Communications Customer Preference Regulations, 2010 Law 
Ireland

Ireland

NameLaw or Code?
Advertising Standards Authority for Ireland's 'Code of Standards for Advertising and Marketing Communications in Ireland' ('ASAI Code') Code
Gaming and Lotteries Acts 1956 to 2013 (Gaming and Lotteries Acts) Law
Consumer Protection Act 2007 ('CPA') Law
Unfair Terms in Consumer Contracts Regulations 1995 and 2000 Law
The Commission for Communications Regulation (ComReg) Code of Practice on Premium Rate Services Code
European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 Law
Data Protection Acts 1988 and 2003 ('Data Protection Acts') Law
Italy

Italy

NameLaw or Code?
Decree of the President of the Republic of 26 October 2001 No. 430 (the 'DPR') Law
Bulletin Circular of the Ministry of Productive Activities (now Ministry of Economic Development) 28 March 2002, No. 1. Law

With regard to the advertisement of the prize promotions:

NameLaw or Code?
Legislative Decree of 6 September 2005 No. 206 (the 'Consumer Code') Code
Legislative Decree 2 August 2007 No. 145 (Misleading Advertising) Law
Legislative Decree 2 August 2007 No. 146 (Commercial practices) Law
Commercial Communication Code of the Advertisement Self-Regulatory Authority (the 'IAP Code') Code

With regard to the processing of personal data:

NameLaw or Code?
Legislative Decree of 30 June 2003 No. 130 (The 'Privacy Code') with regard to the processing of personal data Code
Japan

Japan

NameLaw or Code?
Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962) (the 'AAUPMR') Law
Penal Code (Act No. 45 of 1907), Chapter XXIII. Crimes Related to Gambling and Lotteries (the 'Penal Code') Code
Mexico

Mexico

NameLaw or Code?
Federal Civil Code ('Civil Code')

[Código Civil Federal]

Published on the Official Gazette on August 31st, 1928 
Code
Federal Criminal Code ('Criminal Code')

[Cdigo Penal Federal]

Published in the Official Gazette on August 14th, 1931
Code
Federal Law for Gaming and Lotteries ('Gaming and Lotteries Law')

[Ley Federal de Juegos y Sorteos]

Published in the Official Gazette on December 31st 1947
Law
Regulations for the Federal Law of Gaming and Lotteries ('Gaming and Lotteries Regulations')

[Reglamento de la Ley Federal de Juegos y Sorteos]

Published in the Official Gazette on September 17th 2004
Regulation
Federal Income Tax Law ('Income Tax Law')

[Ley del Impuesto sobre la Renta]

Published in the Official Gazette on December 11th 2013
Law
Federal Law for the Protection of the Consumer ('Consumer Law')

[Ley Federal de Protección al Consumidor]

Published in the Official Gazette on December 24th, 1994
Law
Regulations of the Federal Law for the Protection of the Consumer

[Reglamento de la Ley Federal de Protección al Consumidor]

Published in the Official Gazette on August 3rd, 2006
Regulation
Regulations for Promotions and Offers ('Promotions and Offers Rules')

[Reglamento sobre Promociones y Ofertas]

Published in the Official Gazette on September 26th, 1990
Regulation
Internal Regulations for the Ministry of Interior ('Ministry Regulations')

[Reglamento Interior de la Secretaría de Gobernación]

Published in the Official Gazette on April 2th, 2013
Regulation
Official Mexican Standard number: NOM-028-SCFI-2007 Commercial practices – information elements required for collectable promotions and/or promotions by means of raffles and contests. ('NOM 028')

[NORMA Oficial Mexicana NOM-028-SCFI-2007, Prácticas Comerciales-Elementos de Información en las Promociones Coleccionables y/o Promociones por medio de Sorteos y Concursos]

Published in the Official Gazette on October 5th, 2007
Compulsory Official Standard (Norma Oficial Mexicana)
Netherlands

Netherlands

NameLaw or Code?
The Dutch Games of Chance Act (Wet op de Kansspelen) Law
Code of Conduct for Promotional Games of Chance. (Gedragscode Promotionele Kansspelen) ('Code of Conduct') Code
Advertising Code for Games of Chance, offered by Licensees, by virtue of the Games of Chance Act (Reclamecode voor kansspelen die worden aangeboden door vergunninghouders ingevolge de Wet op de Kansspelen) ('Advertising Code for Games of Chance') Code
Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens) Law
Telecommunications Act (Telecommunicatiewet) Law
New Zealand

New Zealand

NameLaw or Code?
Gambling Act 2003 ('Gambling Act') Law
Fair Trading Act 1986 ('Fair trading Act') Law
Privacy Act 1993 Law
Norway

Norway

NameLaw or Code?
The Lottery Act of 24 February 1995 ('LA') Law
The Marketing Control Act of 9 January 2009 ('MCA') Law
Act relating to broadcasting ('The Broadcasting Act') Law
Act of 14 April 2000 no. 31 relating to the processing of personal data ('Personal Data Act') Law
The Gambling Act of 28 August 1992 1992 ('Gambling Act') Law
The Horse Gambling Act of 1 July 1927 ('Horse Gambling Act') Law
Code of Ethics of the Norwegian Press (printed press, radio, television and net publications) Code
Poland

Poland

NameLaw or Code?
The Code of Ethics in Advertising of the Advertising Council (Rada Reklamy) Code
The Code of Ethics in Direct Marketing of the Polish Marketing Association - SMB (Polskie Stowarzyszenie Marketingu - SMB) Code
The Civil Code of 23 April 1964 (Journal of Laws 2016, item 380 as amended) Law
The Gambling Act of 19 November 2009 (Journal of Laws 2016, item 471) Law
The Consumer Rights Act of 30 May 2014 (Journal of Laws, item 827, as amended) Law
The Act on Rendering Services by Electronic Means of 18 July 2002 (Journal of Laws 2016, item 1030) Law
The Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws 2016, item 922) Law
Portugal

Portugal

NameLaw or Code?
*Gambling Law (Decree-Law no 422/89, 2, December as amended)

*The Gambling Law is the main regulation on prize promotions. The remaining regulations correspond to general rules applicable to related aspects.
Decree-Law*

*In general terms, the difference between Decree-Law and Law is that within the scope of the 'Decree-Law' the legislative process operates via the government and in the scope of 'Law', the legislative process operates via the Parliament
Consumer Act (Law no. 24/96, 31 July as amended) Law
Data Protection Law (Law no. 67/98, 26, October as amended) Law
Privacy and Electronic Communications Law (Law no. 41/2004, 18, August as amended) Law
Advertising Code (Decree-Law no. 330/90, 23, October as amended) Decree-Law
Unfair Commercial Practices Regulation (Decree-Law no.57/2008, 26, March as amended) Decree-Law
Note: The right to provide State Social Games (eg lotteries) offline and online is an exclusive right of Santa Casa da Misericordia and no third entities may provide such games in Portugal. Furthermore, the right to provide 'fortune games' (casino games, bingo, sports betting, etc.) online and offline follow a specific and very restrictive legal framework which are not included in this advice as they are outside the scope of guidance on prize promotions.
Romania

Romania

NameLaw or Code?
Government Ordinance no. 99/2000 regarding the marketing of products and services ('GO 99/2000') Government Ordinance
Government Ordinance no. 21/1992 on consumer protection Government Ordinance
Law no. 148/2000 on advertising Law
Law no. 158/2008 on misleading and comparative advertising Law
Law no. 363/2007 on the fight against unfair commercial practices of traders in their relationship with consumers and the harmonization of regulations with European consumer protection legislation Law
Government Emergency Ordinance no. 77/2009 on the organization and exploitation of games of chance Government Emergency Ordinance
Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and completed Law
Russia

Russia

NameLaw or Code?
Russian Civil Code (Part II of 26 January 1996 No. 14-FZ) Code
Russian Federal Law on Lotteries (dated November 11, 2013 No. 138-FZ) Law
Saudi Arabia

Saudi Arabia

NameLaw or Code?
The Anti-Commercial Fraud Law and Regulations ('ACFR') Law
Singapore

Singapore

NameLaw or Code?
Common Gaming Houses Act (Cap. 49) ('CGHA') Law
Common Gaming Houses (Exemption) Notification Subsidiary Legislation (Notification)
Remote Gambling Act 2014 ('RGA') Law
Remote Gambling (Exempt Persons) Order 2015 Subsidiary Legislation
Private Lotteries Act (Cap. 250) ('PLA') Law
Betting and Sweepstakes Duties Act ('BSDA') Law
Personal Data Protection Act 2012 (No. 26 of 2012) ('PDPA') Law
South Korea

South Korea

NameLaw or Code?
Monopoly Regulation and Fair Trade Law ('FTL') Code
Guidelines for Review of Unfair Trade Practices Law
Act on Special Cases Concerning Regulation and Punishment of Speculative Acts ('Act on Speculative Acts') Code
Note: The above constitute generally applicable rules. Some industries have additional, industry-specific regulations concerning prize promotions (gaming, pharmaceuticals, media, etc).
Spain

Spain

NameLaw or Code?
Spanish Gambling Act 13/2011 ('LJU') of 27 May 2011 and additional regional laws Law
Spanish Consumers' Protection Act RDL1/2007 ('LPCU') and additional regional laws Law
Spanish Publicity Act 34/1988 ('LGP') and additional sectorial and regional laws Law
Spanish Fundamental Act on Data Protection LO15/1999 ('LOPD') Law
Spanish Retail Trade Act 7/1996 ('LOCM') and additional regional laws Law
Sweden

Sweden

NameLaw or Code?
The Swedish Lotteries Act (Sw. Lotterilagen (1994:1000)) Law
The Swedish Marketing Act (Sw. Marknadsföringslag (2008:486)) Law
The Consolidated ICC Code of Advertising and Marketing Communication Practice (Sw. ICC:s refler för Reklam och Marknadskommunikation Code
The Data Privacy Act (Sw. Personuppgiftslagen 1998:204) Law
Thailand

Thailand

NameLaw or Code?
The Thailand Gambling Act B.E. 2478 (1935) 'TGA') Law
Ministerial Regulation No. 17 issued under TGA ('TGA-MR') Law
The official letters of Department of Provincial Administrative (DOPA) (altogether referred to as the 'Letters') Law
The Consumer Protection Act B.E. 2522 (1979) ('CPA') Law
Ministerial Regulation Nos. 3 and 5 issued under the CPA ('CPA-MR') Law
United Arab Emirates - Dubai

United Arab Emirates - Dubai

NameLaw or Code?
Commercial Permit Guidebook of the Dubai Department of Economic Development (the 'Dubai Commercial Permit Guidebook') Guidebook
Federal Law (3) of 1987 (the 'Penal Code') Code
Federal Law (5) of 1985 (the 'Civil Code') Code
Federal Law (24) of 2006 (the 'Consumer Protection Law') Code
Federal Law (19) of 2016 (the 'Anti-Commercial Fraud Law') Code
Note: There is broad scope for the exercise of discretion by the relevant authorities and the rules themselves may change at short notice. The information included in this handbook in relation to the UAE - Dubai reflects the content of the rules and regulations available to the public and our conversations with the relevant officials.
United Kingdom

United Kingdom

NameLaw or Code?
The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing ('CAP Code') (12th edition) Code
The UK Code of Broadcast Advertising ('BCAP Code') Code
Consumer Protection from Unfair Trading Regulations 2008 as amended by the Consumer Protection (Amendment) Regulations 2014.('CPRs') (or the Business Protection from Misleading Marketing Regulations 2008 for B2B promotions) Law
Gambling Act 2005 Law
PhonepayPlus Code of Practice (relevant where a premium rate telephone number is used as the method of entry for example) Code
Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 Law
The Data Protection Act 1998 Law
Note: Prize promotions on broadcast media (TV and radio) are subject to significantly fewer rules (under the BCAP Code) than on non-broadcast media (under the CAP Code). This booklet reflects the more detailed requirements relating to non-broadcast media; a careful approach would be to seek compliance with these for broadcast ads as well.
Ukraine

Ukraine

NameLaw or Code?
Civil Code of Ukraine Code
Tax Code of Ukraine Code
On Advertising Law
On Protection from Unfair Competition Law
On Prohibition of Gambling in Ukraine Law
On State Lotteries in Ukraine Law
On Electronic Commerce Law
On Personal Data Protection Law
United States

United States

Overall Summary

Prize promotions are governed under both Federal and State law. Federal regulations generally apply only to prize promotions that occur across state lines. State laws govern prize promotions taking place wholly within a state. States have varying laws on prize promotions. Special rules also apply to sweepstakes promotions used in connection with sales of time shares and similar real estate offerings.

Federal Law

At the federal level, the US Department of Justice is primarily responsible for enforcing criminal violations such as illegal lotteries. The US Postal Service is responsible for enforcing regulations regarding sweepstakes sent through the mail. The Federal Trade Commission can bring actions for unfair and deceptive trade practices relating to sweepstakes and contests. The Federal Communications Commissions can bring actions relating to sweepstakes and contest offerings over broadcast, cable or satellite television, or radio.

Racketeer Influenced and Corrupt Organizations Act ('RICO')

Section 5(a) of the Federal Trade Commission Act

Federal Deceptive Mail Prevention and Enforcement Act ('DMA')

CAN-SPAM Act of 2003

Telemarketing Sales Rule ('TSR')

Telephone Consumer Protection Act ('TCPA')

Children’s Online Privacy Protection Act ('COPPA')

18 U.S.C. §§1301-1306 - Federal law prohibits lotteries and other forms of gambling

47 C.F.R. § 73.1211 – Code of Federal Regulations prohibits television or radio stations from broadcasting advertisements or transmitting information on lotteries

Selected States

Arizona Stat. §§13-3301 to 13-3311

California – California Business & Professions Code §§ 17539.1- 17539.35; California Penal Code § 330, et seq.

Florida – Fla. Stat. § 849.094

Illinois – 815 Ill. Comp. Stat. 525/1, et. seq.

New York – N.Y. Gen. Bus. Law § 369-e

Rhode Island – R.I. Gen. Laws 11-50-1, et seq. and 42-61.1 et seq.

Texas – Texas Business and Commerce Code Chapters 621 and 622

Industry Regulation

The Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus was established by the National Advertising Review Council (NARC) to promote responsible children’s advertising. It has specific guidelines that govern sweepstake and contest promotions involving children.