Can a prize promotion be run where there is an element of chance in the selection of the winner?
On the assumption that such a prize promotion falls within the definition of 'public lottery' as defined in the RGA (please refer to the Skills competition section) and / or the CGHA then such a prize promotion is unlawful. However, it would be allowed if it qualified under one of the prescribed statutory exemptions.
Under the Remote Gambling (Exempt Persons) Order 2015, the following remote gambling services are exempt subject to certain conditions:
- Public lotteries conducted by a business organization to promote the sale of products and services (other than a gambling service) sold or supplied by that business organization in the course of business in Singapore ('Customer Lotteries'). The business organization must not charge a fee to enter the lottery, except a reasonable fee for the value of the product or service where sold or supplied.
- Lotteries promoted by charities, institutions of public character ('Non-commercial Organization Lotteries') or full members or associate members of the National Council of Social Service.
- Public lotteries incidental to events such as fairs, dinners, sporting or athletic events or other similar events taking place in Singapore that may be attended by members of the public ('Incidental Lotteries'). The organizers of the event must not charge a fee to enter the lottery, except any reasonable fees for attending the connected event.
Under the Common Gaming Houses (Exemption) Notifications, the following public lotteries are exempt subject to certain conditions:
- Public lotteries conducted by a business organization for the purposes of promoting the sale of any product or service are exempt from the CGHA ('Sale Lotteries'); and
- Lotteries promoted by certain charities, institutions of public character and full members or associate members of the National Council of Social Service.
Private lotteries, which are lotteries in which tickets or chances are confined for sale only to members of a society which is established for purposes not connected with gaming, wagering or lotteries and such number of guests of each member as the Minister for Home Affairs may prescribe by regulations, are governed by the PLA. Under the PLA, private lotteries are prohibited unless a permit is granted.
Besides this, any person or organization running sweepstakes in Singapore may apply to the MHA to get an exemption under the CGHA or the RGA.