Running a competition in the UK
Running a competition in the UK
However, when planning and operating these games, promoters must recall England's aggressive norms.
The Gambling Act
The 2005 gambling method is considered the most important law on England's gambling.
The gambling method defines and distinguishes lottery, betting (having all the opportunities to connect specific competitions and prize money), and gambling (gambling with prize money).
Professional rhythm and charity prize competitions are not under the gambling method, unless you pass the definition of lottery, betting, and gambling due to its own structure.
Under the gambling method, competition is not considered a lottery if it is either.
- Space} Filling the aspect of "skills".
- Space} When the role in competition does not require payment.
What skill test must a competition satisfy?
In order to analyze professionalism, the promoters must have a separate expectation and have the knowledge necessary for professionalism, judgment, or the role of competition:
- Space} Members who like the role of the competition account for a considerable proportion.
- It hinders a considerable percentage of members.
If the competition satisfies this point, it will not be under the influence of the gambling law. There is a possibility like a crossword puzzle, you have to give a certain number of hints from the members, and only the complete completed order is served in the competition.
In the case of competitions consisting of different boundaries, the main element that is considered is whether the first round is satisfied. In our case, if a person who completely answered the crossword puzzle participates in the prize lottery, this is not a lottery but a professional competition. This is because the first phase, that is, filling the crossword, satisfies the skill claim.
If the problem is very light, as a result, if you do not threaten or cut off the members, you will not complete the application to the professional. Similar questions are considered to be very non-miner in the case of "Which city of Moscow, France?" In fact, the Gambling Committee shows that this phrase restricts himself to the fact that the footprint of giving the "simple, natural meaning" and gives an "important share". do not have.
The Gambling Committee states that if competition is maintained due to support issues with different answers, there is a reliable other answer and the correct answer is not indicated near the problem, and it will not take action. There is. The required technologies and knowledge levels vary depending on the motivated audience.
Is the competition free to enter?
If you do not meet the skill conditions, use it as a draw:
- It does not require payment to participate in the sweepstakes (regardless of participation in sweepstakes, receiving winning information, and receiving prizes).
- Space} There is another free participation method.
According to the gambling method, "payment" includes not only payment (or cash value), but also additional payments for those that reflect the opportunity to participate in the competition. For example, a person who buys a potato chips pack that guides the buyer to the competition website, pays for the compensation to participate in the competition if the potato chips pack is higher than the same no n-advertising pack. It will be done. However, if the advertisement and the no n-advertising pack are the same, no payment will occur. The gambling method also states that the payment of "regular charges" when using letters (type first or type 2, no special delivery conditions), telephone, or other communication means is not "payment." However, calls and text messages to the overdurated telephone number are considered to be paid.
The Gambling Committee's laws and guidance do not mention email or social networks, but the same principle applies.
Even if participation in the competition is charged, if there is a free way to participate, the competition is considered free:
- Space} An alternative method is a letter sent by normal e-mail or other communication methods, which does not require payment, and has less convenience than a paid method;
- Space} The option is reported in a way that draws the attention of the person who wants to participate.
- Space} The price distribution system does not distinguish the two ways of participation.
Confirmation, fines, and prohibitions are the worst scenarios, but negative reputation and reputational damage caused by the recognition of the components as illegal lotteries can be serious.
What if the competition is a lottery?
The lottery is a lottery license or a lottery is a private lottery (for example, a lottery in the workplace), so it's a criminal crime unless you are exempted from the license requirement; Random no n-profit lottery; or small society lottery. In any case, the released lottery must meet certain conditions stipulated in gambling laws.
All small public lotteries, that is, lotteries that do not reach a certain cash threshold and are managed by non-profit organizations, must also be registered with the district licensing authority.
The license to own a lottery means that only district authorities, non-profit organizations or external lottery administrators may obtain permission to operate a lottery on their own behalf. Paid organizations have no possibility to obtain permission to conduct a lottery for their own personal marketing purposes.
What are the consequences of running an illegal lottery?
All personalities and companies that participate in the promotion or management of an illegal lottery covering a competition considered a lottery are guilty of a cruel crime in conjunction with gambling laws and are subject to a fine of £5. 000 and a prison solution for a period of up to 51 weeks (England and Wales) or up to 6 months (Scotland) in case of conviction.
Recommendations, fines and imprisonment are the worst-case scenarios, but the negative publicity and reputational damage that may appear as a result of a competition recognized by an illegal lottery can be significant.
Is the competition betting?
A competition in which you have to guess the final of a race or other action, whether something will happen or not, or whether everything will happen or not, such a possibility becomes a bet if you have to pay for that role. It has no meaning whether the race (or other event) took place or not, or whether one of the sides understands the final. The guess is linked to the introduction of prediction, skill or judgment. Such races require a bookmaker-work license.
As explained above, the gambling law takes into account that the payment of the usual value for something is not considered as a consideration for a role in the competition. Thus, if in a guessing competition it is possible to play a role by purchasing a marketing product at its usual value, the bet does not stand.
CAP Code on prize promotions
Also, the action does not actually fall under the influence of the law on gambling, the Code of England on Non-Net Advertising, Direct Marketing Marketing (Codex Cap) is considered as a set of rules for non-air advertising, and incentives are also implemented by direct advertising communication. In prize promotions, it is still not observed.
Besides the aggregated foundation, in accordance with which advertising must be lawful, respectable, conscientious and fair, the CAP-Code strictly requires that certain information be provided to the customer before or during the prize promotion role:
- space} {space} How to receive the role - if there is a way to present the role, this must be clearly explained;
- space} Start date
- space} {space} Start date {space} {space} Completion date in a particular life situation (e. g. for a children's event
- If it is necessary to confirm the purchase, or if the promotion is not required, it is clear that the purchase is not necessary and explain the options to replace the free participation;
- Space} The minimum number and nature of the prizes, and the possibility of replacing the prizes with cash;
- Geographical, personal, or technical restrictions (eg, the need to access the location, age, or the Internet);
- Restrictions on the possibility of advertising package (if not clear);
- Space} Promoter's full name and working address;
- Space} If there is a limit on the number of applications
- Space} (i) Notification method and time to the winners, and the time to receive prizes (if the deadline is more than 6 weeks);
- The method and time of the results presentation. Space} The names of the winners should be published or they should be available if there is a claim, but promoters should not disclose very detailed personal information;
- Evaluation criteria for the work, for example, the most appropriate and original tie break. If subjective interpretation is possible, an independent judge (or a judge including one independent judge) will be nominated;
- Who will the copyright of the spaces to belong to the competition work (when appropriate);
- Space} How to return competitive works (when appropriate); and
- Space} The intention of the winners after action in each advertisement.
Participants should maintain this information during the promotion period or easily access, which can be performed by the Terms of Use of Prize Promotion. The information must be clear for the participants.
Running a competition in Northern Ireland
Until recently, the rules of North Ireland were different from the rules traded in other areas in the UK. For example, it is impossible to hold stocks that must be paid by consumers, such as purchasing potato chips packs to participate in prize lottery, and realistic ways that can be participated without purchasing. It was necessary to provide.
In other words, the British promoters had to consider whether to exclude North Ireland from the promotion in general, launch a free route in North Ireland, or launch a free entry route throughout Great Britain. < SPAN> If it is necessary to confirm the purchase, or if the promotion is not required, it is clear that the purchase is not necessary and explain the options to replace free of charge;
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What practical steps can you take to mitigate your risk?
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