The Licensing Authority may apply conditions to the license for the business to comply with. There are general conditions that must be met under all Trade Promotion Competition Licenses, in addition to the specific prohibition on cash prizes.
It is not permitted to charge a fee to enter a competition. However, the example application provided by the Licensing Authority does not indicate that participants can be required to purchase a product or number of products for entry into a competition, eg proof of purchase of 5 products entitles the participants to 5 entries into a draw.
All advertising for the competition must quote the relevant license number and the results of the competition must be published in a Chinese and English newspaper 10 days after the judging or drawing of the prize(s). The position remains the same for an instant-win game where prize winners are able to claim their prizes on the spot. A cutting of the newspaper article must be forwarded to the Licensing Authority for its records. The Trade Descriptions Ordinance prohibits false or misleading trade description of goods and services, or claims in advertisements.
Changes cannot be made to a competition once it has commenced (including the cancellation or change to the competition period). If a competition has not commenced, minor changes can be made, subject to approval by the Licensing Authority. Making changes costs $155 (approx. US$20) and only one change can be made.
Personal data involved during the trade promotion competition should be collected, handled and destroyed in accordance with the Personal Data (Privacy) Ordinance. For example, personal data collected from participants should not be used for purposes other than the trade promotion competition or transferred to a third party unless the participant's consent is obtained, or unless an exception under the laws apply.
Moreover, entire Hong Kong Identity Card numbers or entire dates of birth (ie year, month and day) should not be collected unless absolutely necessary. The prize winner's name should not be announced together with his/her Hong Kong Identity Card number, even if altered. Also, the prize winner's telephone number should not be published in full.
Last modified 10 Feb 2017