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.

The Australian laws in relation to trade promotions and games of chance are State and Territory based and as a result care must be taken to ensure compliance if a promotion is to be run nationally. For example, permits are not required in Queensland, Tasmania, Victoria and Western Australia while trade promotion lotteries in New South Wales and the Australia Capital Territory require a permit. Permits are required in the Northern Territory and South Australia only if the total prize pool value exceeds A$5,000 (approx. US$3,463).

It is however, comparatively simple to avoid the gaming / lotteries legislation by running promotions as a game of skill.

In Austria there are only a handful of provisions setting out requirements regarding prize promotions. Those provisions are not unduly onerous, as there is no registration or other formality requirement. Therefore most prize promotion mechanisms are allowed as long as it is not a game of chance as defined by applicable Austrian gaming laws. Also the provisions of the Unfair Competition Act prohibiting misleading or aggressive prize promotions need to be complied with. Finally, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

The rules in Belgium allow for the organization of prize promotions quite easily without formal requirements. Having said this, it should be taken into account that certain prize promotion mechanisms are prohibited in Belgium and can therefore not be organized.  Also, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

Not very restrictive. While authorization is required, the authority is usually aiming to approve promotions and work alongside promoters in order to find a better way to enable the promotion to be run.

In view of that, it is not likely that a prize promotion mechanic will be refused altogether.

Canadian contest laws are slightly more onerous than those of other countries, due to the no-purchase entry option, the skill-testing question requirement, the disclosure requirements, and the privacy/anti-spam restrictions.

Quebec contest laws are significantly more onerous because they require registration, translation and bonds. Accordingly, many contests in Canada exclude Quebec registrants.

Prize promotions are unlawful, except if they are explicitly permitted by law.

In this way, prize promotions related to lawful bets and games, such as prize promotions based on skill, sweepstakes and contests allowed by law of protection of consumer rights and games of chance for recreational purposes, will be allowed. Other types of mechanisms used for prize promotions will only be accepted provided that they are specifically accepted by law and under the condition they are operated by authorized operators.

The existing rules set out some basic requirements, which are based on common sense and are not unduly onerous. There are no registration or other formality requirements, except for promotions conducted by retail stores 3,000m² or larger. Most prize promotion mechanics are allowed so long as:

• It is not a lottery; and

• The highest prize is not more than ¥50,000 (approx. US$7,270) for prize promotions based on chance.

The rules are not overly burdensome for promoters. The standard to distinguish between prize-offering and lottery is not very clear and in practice prize promotions are rarely considered as lotteries.

Although permission is rarely denied, prize promotions (excluding promotions that are competitions where the winners are determined solely on the basis of skill) are subject to governmental authorization and a fee for the exploitation rights must be paid in all cases.

In addition to the general rules applied to advertisements such as consumer protection law, other specific regulation applies for prize promotions. If, during the promotion, there is collection of personal data, the company shall ensure that the data subject has granted a written authorization for the collection and processing of personal data, prior to the collection.

As there is no registration requirement for prize promotions in the Czech Republic, and the distinction from illegal gambling is quite clear, we do not consider the legal obligations under Czech law to be onerous.

The rules in the Czech Republic allow for the organization of prize promotions quite easily without formal requirements. Having said this, it should be taken into account that GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

The rules relating to prize promotions are not very extensive if no stake is paid for participation in the prize promotion. However, prize promotions do have a formal requirement of registration (see above in the Registration Requirements section) and quite strict requirements in regard to marketing towards consumers. Also, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

Most prize promotion mechanics are allowed as long as the promotion does not amount to a lottery or gambling. The main focus is on providing consumers with clear and unambiguous information on the rules of the promotion and on prohibiting misleading marketing.  Also, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

French rules have recently been simplified with respect to prize promotions, with less requirements, which are not unduly onerous (there are no registration or further formality requirements, and most prize promotion mechanics are allowed so long as it is not a prohibited lottery). The steps necessary to avoid falling into the category of prohibited lottery are (whilst important) not very restrictive. However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

As there is no registration requirement for prize promotions in Germany, and the distinction from illegal gambling is quite clear as well as the rules governing the legal scheme/set-up for prize promotions, we do not assess the legal obligations under German law as onerous.

However, please note, that the general rules on the validity of general terms and conditions (governing the conditions for participation in a prize promotion) as well as the German data protection rules are in our experience comparatively strict in comparison to other jurisdictions (eg UK and the US). Therefore, it is very important that the rules for prize promotions are reviewed in regard to these issues prior to being published/put on the market.

A Trade Promotion Competitions License or an Amusements With Prizes License is required, but the requirements that need to be fulfilled in order to obtain either one of them are not unduly onerous or restrictive.

The rules in Hungary allow for the organization of prize promotions quite easily without formal requirements (except for prize draws). Having said this, it should be taken into account that certain prize promotion mechanisms are prohibited in Hungary and therefore cannot be organized.  Also, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

There is no umbrella legislation in India which lays down detailed requirements in relation to a prize promotion. Prize promotions are generally allowed as long as they do not amount to gambling or a lottery, or an unfair trade practice under the applicable laws. There is no particular registration/licensing requirement, except in the case of a ‘prize competition’. Overall, the legal regime governing prize promotions in India is not particularly restrictive.

The Gaming and Lotteries Acts are quite onerous, as most prize promotions operated in Ireland would likely be found to be unlawful if investigated. However, in practice, the Gaming and Lotteries Acts are rarely enforced against businesses that run prize promotions in Ireland. Frequently, where a prize promotion involves the purchase of a product (thus not satisfying a free route to entry), promoters include an element of skill into the entry mechanism (such as a qualifying question) intended to reduce the risk of the prize promotion being considered an unlawful lottery. There is no guarantee that such efforts would be successful. However, as said above, the prohibition on unlawful lotteries is rarely enforced in practice.

The ASAI Code is self-regulating. When a complaint is received by the ASAI, the complaint is evaluated initially by the ASAI Executive. If the ASAI executive determines that the complaint falls within the ASAI Code and that there is a prima facie case for investigation, the advertiser/promoter is informed of the complaint and is invited to comment on the complaint, with reference to the ASAI Code, normally within 10 days. The ASAI Executive then investigates the complaint and produces a Recommendation to the ASAI Complaints Committee on whether the complaint should be upheld, which may include recommended courses of action. Details of a Complaint Committee’s decision may be published on the ASAI website, at the Complaint Committee’s discretion, containing details of the advertiser/promoter but excluding details about the consumer who made the complaint.

A marketing communication that contravenes the ASAI Code is required to be amended or withdrawn. The advertiser/promoter may also be required to recompense any consumers adversely affected by the contravening marketing communication.

Finally, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

The DPR provisions are quite detailed and restrictive. More in particular it is important to point out that international / multi-jurisdictional promotions and competitions are not generally allowed under Italian law (see Skills competitions section). Finally, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg.e.g. use of submissions including personal data, winner publicity, etc.).

The AAUPMR rules set out quite detailed requirements with respect to the maximum single prize value and maximum total value of all prizes, but are based on common sense and are not unduly onerous (there are no registration or other formality requirements, and most prize promotion mechanics are allowed so long as it is not a lottery).

Other than the potential requirement to register with a bailiff, the level of restrictiveness is not high. However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

It is uncertain whether such conditions remain applicable given the current status of the law (see Governing law). A number of operators on the Luxembourg market nonetheless continue to apply the principles of the previously applicable law as good practice.

For prize draws, there is a requirement to obtain a licence/ registration (see Prize draws section), and there are also some quite specific requirements as to what must be included in terms and conditions (see Other local requirements).

Prize promotions are generally accepted in the Netherlands, provided that they are in compliance with the Code of Conduct. The steps necessary to avoid not falling into the category of 'promotional game of chance' under the Code of Conduct are (while important) not very restrictive.  However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

The Gambling Act has limited compliance requirements for sales promotion schemes in New Zealand. There is no restriction on turnover or on the value of prizes awarded, and no license is required.

The key restriction is on 'remote interactive gambling' where, as noted, the prize winners must be chosen by way of a lottery.

The legal obligations applicable to prize promotions in Nigeria are not particularly restrictive. Rather, they are tailored towards promoting high ethical standards in the advertising industry.

The rules relating to prize promotion regulation are not very extensive, and although fines can be extreme, as long as no payment is received for prize promotions, then the applicable rules are generally common sense and not unduly onerous. However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).  Lotteries, where a stake is paid out, require licenses which are more onerous to obtain.

Under Polish law there are a limited number of restrictions and formal requirements regarding the organizing of prize promotions. Therefore, most prize promotion mechanics are allowed (provided the promotion is not considered as a lottery or another gambling game regulated in the Gambling Act).  However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

The legal framework applicable to prize draws is restrictive. There are several legal requirements and formalities, notably prior authorization from the competent authority as well as obligations to present additional documents after the prize draw has been conducted, to the competent authority (e.g. evidence of the delivery of the prizes and the payment of applicable taxes).

The mechanic of the prize draw is, in general terms, allowed as long as it does not fall within the scope of 'fortune games' (e.g. bingo, casino games, sports betting, etc) or within the concept of 'State Social Games' (e.g. lotteries).

Finally, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.).

GO 99/2000 set out general requirements which are not unduly onerous for the organizer.  However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

The skill-based prize promotions are generally subject to soft/mild legal treatment and the applicable legal regulations are not restrictive or onerous.

However, lotteries are subject to a very restrictive and heavily regulated regime (ie mandatory conclusion of a contract with the state authority under the tender procedure, state duties, annual audit. prohibition of lotteries on the Internet).

There is generally no system of precedent in Saudi Arabia, and government officials/authorities have a broad discretion when considering matters on a case by case basis. The law is drafted in general and non-prescriptive terms, and this places greater emphasis on consultation with the competent authorities to confirm current local practice (which can differ from to time), and also the specific particulars of any proposed promotion/competition. These factors, coupled with the requirement under the ACFR to obtain a license before undertaking and/or advertising a promotion/ competition, means that this is not necessarily a straightforward process relative to some other jurisdictions.

The rules under the applicable prize promotion regulations are detailed though not unduly onerous. There are no formal registration requirements unless a specific exemption is being sought. Exempt prize promotions, including lotteries, are permitted as long as the conditions set out in the relevant statutes have been met.

As discussed in the section on restrictions on prizes, there are no limits on prizes as of July 1, 2016. Therefore, the only restrictions on prize promotions are based on the general regulations of the FTL. Given these changes in relation to prize promotion-related regulations, it is unlikely that this area will be very actively regulated.

There are significant and fairly onerous obligations, for example relating to taxation; and GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (e.g. use of submissions including personal data, winner publicity, etc.). However, the requirements relating to the contents of terms and conditions are not very extensive.

The Swedish Gambling Act entered into force on 1 January 2019 and is less restrictive than the previous regime.  However, GDPR has introduced various obligations around processing personal data which have significant application to prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

The way in which a prize promotion event is run is also restricted. Please refer to the section on Selection of winners.

In Turkey, prize promotion activities are allowed as long as the prize is not money or any other convertible currency. The main focus is on providing consumers with clear and explicit information on the rules of the promotion and on prohibiting misleading marketing.

The skill-based prize promotions are generally subject to general legal rules which are not restrictive. For prize draws, there is a requirement to obtain an approval, and there are also some quite specific requirements as to what must be included in terms and conditions.

The Ukrainian legislation does not set out detailed requirements, applicable to holding prize promotions. Thus the applicable legislation cannot be regarded as onerous.

However, the Ukrainian legislation strictly prohibits gambling and holding lotteries without a license.

The laws and regulations relating to prize promotions in the UAE - Dubai are relatively limited when compared with other heavily regulated jurisdictions.

However, the requirements are onerous as a permit is required to run promotions, and a representative of the DED should be present in case of a prize draw, even when the draw is taking place outside of Dubai. Travel and accommodation of the DED representative should be included in the budget.

This said, most prize promotion mechanics are allowed as long as they are not considered as gambling or betting. The steps required to avoid falling into these categories are not very restrictive.

The CAP rules set out quite detailed requirements, but are based on common sense and are not unduly onerous (there are no registration or other formality requirements, and most prize promotion mechanics are allowed so long as it is not a lottery). Compliance with the CAP rules will generally result in compliance with the (less detailed) CPRs. The steps necessary to avoid falling into the category of 'lottery' under the Gambling Act 2005 are (while important) not very restrictive.

GDPR imposes significant restrictions on the data aspects of running prize promotions (eg. use of submissions including personal data, winner publicity, etc.).

Overall Summary

A prize promotion mechanic is highly likely to be prohibited if chance is the dominant factor and entrants are required to make a payment or purchase a product or a substantial expenditure of effort in order to enter. If there is no purchase or payment required to enter then, except for registrations requirements in a few states, it is likely the prize promotion can be offered as long as certain disclosures are made.