Browse topics

  • Governing law
    Name Law 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 961/2017 and Resolution 915/2017 (of the Secretariat of Commerce modified the regulations of the conditions for those who organizse or promote contests, draws and sweepstakes with the aim of simplifying certain formalities)

    Law

    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.

    Last modified 8 Jan 2019

  • Extra-territoriality

    Yes. Even when a chance-based game or skill-based contest is solely online and no promotion takes place in Argentina, if it is open to Argentinean residents, it will be subject to the laws of our countrArgentinay. As a consequence, national regulators might enforce rules against organiszers/companies operating abroad.

    Last modified 8 Jan 2019

  • 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;

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

    • The Rules are available in Spanish; and

    • You disclose information regarding prizes, territorial scope and participation requirements.

    Last modified 8 Jan 2019

  • 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.

    Last modified 8 Jan 2019

  • 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 names of the winners shall be published within ten (10) days, counted from the end of the promotion, by the same media used to promote the contest/promotion.

    The terms and conditions should indicate date and place where the prizes will be delivered.

    Last modified 8 Jan 2019

  • Judges

    There are no legal requirements in relation to judges and judging in skill competitions. However, the judging criteria should be clearly stated within the Rules and it´s advisable to include the list of judges.

    Last modified 8 Jan 2019

  • 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 8 Jan 2019

  • Registration requirements and fees

    Note that in February 2018, the government of Argentina dissolved the National Lottery (LNSE). As a result, at least for now, Argentina no longer requires sweepstakes and contests to be registered. Prior to the dissolution, only promotions/contests in which the winners were totally or partially determined by chance – involving prizes greater than  6,666 Pesos (approx. US$148) – needed to be registered with LNSE and had to meet all the applicable requirements.

    With regard to skill-based contests, they do not require registration. However, the Official Rules must conform to local law. 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 8 Jan 2019

  • 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.

    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.

    In such respect, Organiszers must comply with the requirements as established by Decree 961/2017 and Resolution 915/2017 of the Secretariat of Commerce.

    Last modified 8 Jan 2019

  • Timing

    For chance-based promotions, time is required to request the permit from the Provinces that regulate contests/promotions at a local level. Time and costs involved may vary depending on the Province.

    Note that Provinces regulating promotions/sweepstakes at a local level can be excluded in order to avoid compliance with local regulations.

    Last modified 8 Jan 2019

  • Translations

    Yes, the terms and conditions must be provided in Spanish.

    Last modified 8 Jan 2019

  • Penalties for non-compliance

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

    • Fines from AR$500 (approximately US$11) to AR$ 5,000,000 (approx. US$111.000);

    • 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 8 Jan 2019

  • Restrictiveness of regulations

    Due to the recent dissolution of the National Lottery there are only a few restrictions on prize promotions in Argentine national regulations. However, as previously mentioned, some provinces like Mendoza, Córdoba, Salta, Neuquén and Tierra del Fuego have their own local regulations. In addition, 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 8 Jan 2019

  • 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 8 Jan 2019

  • 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 main applicable governing laws or codes for prize promotions?

Argentina

Argentina

Name Law 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 961/2017 and Resolution 915/2017 (of the Secretariat of Commerce modified the regulations of the conditions for those who organizse or promote contests, draws and sweepstakes with the aim of simplifying certain formalities)

Law

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.
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 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 

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

New South Wales

Name Law 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

Name Law 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

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

South Australia

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

Tasmania

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

Victoria

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

WA

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

Australia

Name Law or Code?
Australian Consumer Law (ACL), 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

Name Law 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
EU General Data Protection Regulation (GDPR) Data Protection Act (Datenschutzgesetz, 'DSG') Law
Belgium

Belgium

Name Law 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 2018, as a transposition and specification of the European General Data Protection Regulation

Law
Brazil

Brazil

Name Law 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

Federal Law No. 13,756/2018, of December 18, 2018 (changes the competence authority to deal with matters relating to Promotions from CAIXA to SEFEL)

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

Name Law 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 Concepcion (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 assigns 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 rights of consumers rights Law 19,628, Data Protection Act Law
Law N° 19,628, on data protection 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 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.
China

China

Name Law or Code?
Anti-Unfair Competition Law of the People's Republic of China 2017
(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 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
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
Cyber Security Law of the People's Republic of China 2017
(网络安全法)
Law
Personal Information Security Specification 2017
(个人信息安全规范)
National Standard
Colombia

Colombia

Name Law 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 and any kind of games of chance (meaning any game whose result is unpredictable and does not depend on the gamer’s abilities). This law also provides a definition of game of skill and dexterity. 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
Czech Republic

Czech Republic

Name Law or Code?
Civil Code, Act No. 89/2012 Coll. Law
Consumer Protection Act, Act No. 634/1992 Coll. Law
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) Law
Denmark

Denmark

Name Law or Code?
The Danish Marketing Practices Act Law
The Danish Gambling Act Law
The Danish Gambling Duty Act Law
Finland

Finland

Name Law or Code?
The Consumer Protection Act (38/1978) Law
Lotteries Act (1047/2001) Law
The Act on Electronic Communication Services (917/2014) Law
France

France

Name Law 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
Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) Law
Law No. 78-17 of January 6, 1978 on 'Information Technology, Data Files and Civil Liberties' (data protection act), as amended Law
Article L. 34-5 of the French Post and Electronic Communications Code regarding electronic direct marketing Law
Recommendations of the French data protection authority (CNIL) and of the EDPB and WP29 Code
Germany

Germany

Name Law 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
EU General Data Protection Regulation ('GDPR') 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

Name Law 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) Subsidiary legislation
Trade Promotion Competition Licence - Application Forms and Guide for Applicants Guidance Note
Guidance Notes on Application for the Grant of Amusements with Prizes Licence Guidance Note
Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the 'Personal Data (Privacy) Ordinance') Law
Places of Public Entertainment Ordinance (Cap. 172) 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 Code
Radio Code of Practice on Advertising Standards Code
Code of Practice of the Association of Accredited Advertising Agents of Hong Kong Code
Note: The AAAA Code only applies to members of the Association of Accredited Advertising Agents of Hong Kong.
Hungary

Hungary

Name Law or Code?
Act 34 of 1991 on Gambling Operations ('Gambling Act') Law
Government Decree No. 183/2017. (VII. 5.) on the Gambling Supervisory Authority Law
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).
India

India

Name Law 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
Prevention of Money Laundering Act, 2002 read with The Prevention of Money Laundering (Maintenance of Records) Rules, 2005 Law
Foreign Exchange Management Act, 1999, read with the Foreign Exchange Management (Current Account Transactions) Rules, 2000, and the Master Direction on Other Remittance Facilities, 2016 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
Consumer Protection Bill, 2018 Bill (as at date of publication this bill has been passed by the lower house of the Indian parliament and shall become law, pursuant to the upper house of the Indian parliament passing it, followed by the receipt of Presidential assent. Upon enactment, it will repeal the Consumer Protection Act, 1986)
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

Name Law 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 2018 ('Data Protection Acts') Law
Italy

Italy

Name Law 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 (the "Circular"). Law

With regard to the advertisement of the prize promotions:

Name Law 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:

Name Law or Code?
Regulation (EU) 2016/679 on protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR") Law
Legislative Decree of 30 June 2003 No. 196 and subsequent amendments (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
Luxembourg

Luxembourg

Name Law or Code?
Law of 20 April 1977 on the operation of games of chance and betting in connection with sporting events, as amended (“1977 Law”) Law
Law of 30 July 2002 regulating certain commercial practices, punishing unfair competition and transposing Directive 97/55/EC of the European Parliament and of the Council amending Directive 84/450/EEC on misleading advertising in order to include comparative advertising (Art. 21) (“2002 Law”) Law
Luxembourg Criminal Code (Art. 302) Code
Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) Law
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.
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

Name Law 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
General Data Protection Regulation (Algemene Verordening Gegevensbescherming) ('GDPR') Law
GDPR Implementation Act (Uitvoeringswet Algemene Verordening Gegevensbescherming) ('UAVG') 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
Nigeria

Nigeria

Name Law or Code?
National Lottery Act 2005 Law
Advertising Practitioners (Registration) Act Cap A7 Laws of the Federal Republic of Nigeria, 2004) Law
National Lottery Regulations 2007 Code
Nigerian Code of Advertising Practice & Sales Promotion Code
Nigerian Communication Guidelines on Advertisements and Promotions Code
Norway

Norway

Name Law or Code?
The Lottery Act of 24 February 1995 no. 11 ('LA') Law
The Marketing Control Act of 9 January 2009  no. 2 ('MCA') Law
Act of 4 December 1992 no. 127 relating to broadcasting  ('The Broadcasting Act') Law
Act of 15 June 2018 no. 38 relating to the processing of personal data ('Personal Data Act') Law
The Gambling Act of 28 August 1992 no. 103('Gambling Act') Law
The Horse Gambling Act of 1 July 1927 no. 3 ('Horse Gambling Act') Law
Regulation on prohibition of payment services for gambling of 19 February 2010 no. 184 ("Payment Regulation") Law
Code of Ethics of the Norwegian Press (printed press, radio, television and net publications) Code
Poland

Poland

Name Law 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 2018, item 1025 as amended) Law
The Gambling Act of 19 November 2009 (Journal of Laws 2018, item 165) Law
The Consumer Rights Act of 30 May 2014 (Journal of Laws 2017, item 683, as amended) Law
The Act on Rendering Services by Electronic Means of 18 July 2002 (Journal of Laws 2017, item 1219) Law
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) Law
Portugal

Portugal

Name Law or Code?
*Game 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
General Data Protection Regulation ("GDPR") (a draft proposal of law for the implementation of GDPR is at the Parliament for discussion) Regulation
Data Protection Law (Law no. 67/98, 26, October as amended), which in accordance with Data Protection Authority position, remains in force to the extent it is not in contradiction with GDPR 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 (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.
Romania

Romania

Name Law 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
General Data Protection Regulation European Regulation
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

Name Law 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 3/2018 on the protection of personal data and guarantee of digital rights ('NLOPD') Law
Spanish Retail Trade Act 7/1996 ('LOCM') and additional regional laws Law
Sweden

Sweden

Name Law or Code?
The Swedish Gambling Act (Sw. Spellag (2018:1138)) Law
The Swedish Marketing Act (Sw. Marknadsföringslag (2008:486)) Law
The Consolidated ICC Code of Advertising and Marketing Communication Practice (Sw. ICC:s regler för Reklam och Marknadskommunikation) Code
The General Data Protection Regulation (EU) 2016/679 (Sw. Dataskyddsförordningen) 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
Turkey

Turkey

Name Law or Code?
The Decree on National Lottery w. no 320 Law
Regulation of the Turkish General Directorate of National Lottery on Lotteries and Draws with Non-Cash Prizes Law
Consumer Protection Law Law
Regulation on Commercial Advertisement and Unfair Commercial Practices Law
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 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

Name Law 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
The Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276) 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) Regulations 2003 (as amended, "PECR") Law
Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 Law
EU General Data Protection Regulation ((EU) 2016/679) ("GDPR")  and the Data Protection Act 2018 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.
United States

United States

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.