Can a prize promotion be run where there is an element of chance in the selection of the winner?
- The promotion also involves some degree of physical or intellectual effort, hence the promotion does not solely depend on chance. If no effort is required from the participant or the required effort is too hard (e.g. a very difficult question, like how many people will participate in the promotion, so that it comes down to guessing), the contest is to be considered a prohibited lottery (note: a company can organize a lottery in collaboration with and through a not-for-profit organization that has obtained a license from one of the competent public authorities but this is likely to substantially increase the cost of the promotion).
- Participants do not pay to enter. 'Payment' is interpreted to mean any stake or direct contribution required from the participants to enter, eg any price to be paid or the obligation to purchase goods or services at a price higher than its market rate (i.e. purchasing a newspaper containing a participation form at its normal price is not considered a stake from the participants). Internet connection, mail and phone costs (with the exception of phone calls to an 0900- or an 070-number (i.e. at higher rates) and premium text-messages) are not considered to be a stake from the participants.
Or, if it is the case that (2) is not applicable (hence, participants do need to pay to enter the promotion):
- A license is obtained from the Belgian Gaming Commission (required both for the offline and online offering of games of chance)