Note: Prize promotions regulations in Argentina are the responsibility of each province. Argentina is subdivided into twenty-three provinces (provincias) and one autonomous city, the City of Buenos Aires.  Even though the provinces and the City of Buenos Aires exist under a federal system, they have their own constitutions, and local regulations. Organisers/sponsors must be aware of the applicable legislation for the provinces included within the territory.

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 promoter 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 

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

WA

Australia

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 Ministry of Finance regulates through decrees the games of chance administered by Lotería and the Chilean Charity Polla.  The supreme decree 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.

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.

Note: The AAAA Code only applies to members of the Association of Accredited Advertising Agents of Hong Kong.

Note: Providing gambling services without a Hungarian gambling license is illegal and may lead to administrative and even criminal offense proceedings. Prize promotions in general do not constitute gambling under Hungarian 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).

With regard to the advertisement of the prize promotions:

With regard to the processing of personal data:

Note: The 1977 Law provides that the operation of games of chance is prohibited, except for prize promotions referred to under article 21 of the 2002 Law (i.e. "free lotteries, contests and raffles exclusively for commercial propaganda purposes"). However, the 2002 Law was repealed on 23 December 2016 (see below). Therefore, a strict construction of the 1977 Law could mean that prize promotions are now prohibited in Luxembourg. Nevertheless, this does not seem to be the case, as many prize promotions have been (and continue to be) organized since 2016.

Note: The 2002 Law, which provided for the conditions to be fulfilled for the purpose of organizing prize promotions, was repealed by the Law of 23 December 2016 on sale and sidewalk sales and misleading and comparative advertising. The relevant provisions of the 2002 Law were never replaced. Its principles continue to be applied by certain players on the Luxembourg market as good practice, as no other legal sources are available on this subject. However, there is no certainty that it will be applied and enforced as such.

Note: The right to provide State Social Games (e.g. 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 is not included in this advice as it is outside the scope of guidance on prize promotions. Also, sales with price reduction (discounts) are outside the scope of the present guide.

Note: The above constitute generally applicable rules. Some industries have additional, industry-specific regulations concerning prize promotions (gaming, pharmaceuticals, media, etc).

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.

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.

Overall Summary

Prize promotions are governed under both Federal and State law. 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.