Other local requirements
Are there any other key local requirements?
Hong Kong, SAR
The Licensing Authority may apply conditions to the license for the applicant to comply with. There are general conditions that must be met under the Trade Promotion Competition License or the Amusements With Prizes License, in addition to the specific prohibition on cash prizes.
Under a Trade Promotion Competition License, it is not permitted to charge a fee to enter the relevant promotion. However, the example application provided by the Licensing Authority indicates that participants can be required to purchase a product or a number of products for entry into the promotion, e.g. proof of purchase of 5 products will entitle the participant to 5 entries in a draw.
Under an Amusements With Prizes License, it is not permitted to charge more than $5 (approx. US$0.6) for any one chance to win a prize.
Under a Trade Promotion Competition License, 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.
Under a Trade Promotion Competition License, changes cannot be made to the promotion once it has commenced (including the cancellation or change to the promotion period). If a promotion 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 promotion 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 promotion 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.