Running a Prize Draw or Competition in New Zealand (Laws, Rules and Regulations)

Prize promotions in New Zealand are covered by the Fair Trade Act and Gambling Act, the key aspect of the latter relating to “sales promotion schemes” – which are promotional campaigns that don’t require any kind of license or registration. This makes New Zealand a straightforward country in which to run most types of prize promotions providing the rules are followed.

New Zealand Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Prize draws are allowed in New Zealand providing it conforms to the requirements of a “sales promotion scheme” as an authorised gambling activity under the Gambling Act.

New Zealand Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in New Zealand.

If a promotion is purely a game of skill and involves no element of chance, nor requires purchase to enter, it is governed by the Fair Trade Act.

If a promotion involves an element of chance and/or a purchase it will need to conform to the requirements of a “sales promotion scheme” as an authorised gambling activity under the Gambling Act.

Purchase Necessary Promotions in New Zealand

Purchase necessary promotions are allowed in New Zealand provided the promotion is considered a “sales promotion scheme” as an authorised gambling activity under the Gambling Act. The items to purchase should not exceed their normal purchase price and there should be no additional costs to enter or redeem the prize.

New Zealand Prize Restrictions

Prizes must be legal in nature and recipients must be able to legally accept.

It is prohibited to give away the following:

• Firearms or explosives
• Restricted weapons or airguns
• Tobacco
• Alcohol
• Sexual services
• Any Māori object more than 50 years old brought into New Zealand by Māori people

Data Protection in New Zealand

The Privacy Act 2020 governs data protection in New Zealand.

Entrants have the right of access to, modification and withdrawal of their personal data and have the right of opposition to having their data collected in certain cases. Specific consent must be collected from the entrants for the use, transfer and storage of personal data and entrants must be given the opportunity to withdraw consent at any time (e.g. unsubscribe or otherwise opt-out).

Entrants must be made aware of what data is being collected, by whom, and for what purpose. Names and addresses of promoters and/or agencies collecting data should also be clearly stated.

Other New Zealand Compliance Requirements

Terms and conditions should be clear and unambiguous.

Our view on New Zealand for Prize Promotions

As an english language territory that requires no registration, and has quite straightforward requirements, this is an attractive addition to any international campaign. Unlike it’s neighbour Australia, it does not operate state-specific requirements, nor registration/bonding, and as long as its rules are followed it’s a highly feasible territory.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in Argentina (Laws, Rules and Regulations)

Running a prize promotion campaign in Argentina has become easier with the removal of the requirement to officially register. Although a No Purchase Necessary route is required for any purchase-linked promotions, the territory is otherwise straightforward.

Argentine Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Prize draws are allowed in Argentina.

Argentine Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in Argentina.

Purchase Necessary Promotions in Argentina

Purchase necessary promotions are not allowed in Argentina. The Free Trade Act (FTA) prohibits games of skill or chance of any nature in which participation is totally or partially dependent on the purchase of a product. Thus a No Purchase Necessary (NPN) route of entry must be offered in order to avoid the FTA prohibition. The free entry route should be of equal weight to the purchase entry route (i.e. free entries have the same chance of winning as purchase entries).

Argentine Prize Restrictions

Prizes must be legal in nature and recipients must be able to legally accept.

Specific details of exactly the prize(s) to be won should be included in terms and conditions.

Data Protection in Argentina

The Argentinean Data Protection Act governs data protection in Argentina.

Entrants have the right of access to, modification and withdrawal of their personal data and have the right of opposition to having their data collected in certain cases. Specific consent must be collected from the entrants for the use, transfer and storage of personal data and entrants must be given the opportunity to withdraw consent at any time (e.g. unsubscribe or otherwise opt-out).

Other Argentine Compliance Requirements

Terms and conditions should be clear and unambiguous and available in Spanish.

All promotional materials should have some disclosure of terms and conditions on them with a minimum amount of detail, and be available in Spanish.

It is worth noting that although most compliance requirements for prize promotions apply at the federal level, Argentina is subdivided into twenty-three provinces (provincias) and one autonomous city: City of Buenos Aires. Promoters should be aware of any state and local requirements related to prize promotions (e.g. tax).

Prize draws should feature the odds (or an approximation of) of winning in terms and conditions.

All promotions should feature a clear “no purchase necessary” message in promotional materials.

The winners/results of the prize promotion of the promotion should be made available within 10 business days of the promotion’s closing date.

Our view on Argentina for Prize Promotions

Argentina is a large Spanish-speaking market and a worthy addition to an international or regional cross border promotion. No registration is required, but attention should be paid to the tax obligations at the federal (and potentially local) level for the promoter. Although Argentina does allow cash to be given away (where a number of South American territories do not), in cases of cash prizes the Emergency Tax Levy on Prizes Won is deducted and paid by the promoter from the prize amount.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in Brazil (Laws, Rules and Regulations)

Brazil is undoubtedly the largest market in South America and is thus a huge opportunity for any international prize promotion, however it does come with specific requirements, the need to seek Authorization from the Ministry of Finance Secretariat of Economic Reforms – “SRE” (formerly the authority was the Brazilian National Savings Bank or Caixa Econômica Federal – “CEF”), and critically to be a Brazilian legal entity (e.g. a registered company), or partnered with a Brazilian legal entity (who would be officially responsible). There are numerous prize restrictions also, including prohibition of cash and intangible prizes, but giving away consumer goods should be perfectly feasible. There is also the potential for purchase necessary promotions serving an enormous consumer base.

Brazilian Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Prize draws and games of chance are allowed in Brazil subject to SRE Authorization.

Depending on the exact mechanic, Brazil has differing requirements of exactly how entries/numbers are allocated and winners are drawn.

Brazilian Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in Brazil subject to SRE Authorization.

If chance or a random draw is in any way involved in a skill based promotion, it will likely be within the scope of the CPA and/or Lotteries Act and a campaign will need to adhere to its requirements.

Purchase Necessary Promotions in Brazil

Purchase necessary promotions are allowed in Brazil, subject to SRE Authorization.

Promotional products should be the same price as non promotional products of the same type, and redemption of the prize or coupon should not require any payment, download or SMS.

In some specific instances, purchase necessary promotions may have a maximum prize value limit.

Brazilian Prize Restrictions

Brazil has always had quite stringent requirements on what prizes they allow. The The following is “generally authorized”:

• Goods manufactured in Brazil or regularly imported
• Public debit titles approved by the Ministry of Finance
• Residential property in Brazil
• Tourism trips
• Scholarships
• Tickets to cultural events (e.g. concerts, gigs, plays, exhibitions) combined with a physical prize

The following is not allowed as prizes:

• Medicines
• Weapons and ammunition
• Explosives
• Fireworks
• Alcoholic beverages
• Tobacco
• Cash, any prize that can closely resembles cash (prizes can not have a cash equivalent)
• Any prize that requires a paid download or redemption
• Intangible (i.e. non physical prizes) with the exception of those mentioned above

Data Protection in Brazil

The Internet Act, Brazilian Civil Code and the Consumer Defense Code govern data protection in Brazil.

Specific consent must be collected from the entrants for the use, transfer and storage of personal data and entrants must be given the opportunity to withdraw consent at any time (e.g. unsubscribe or otherwise opt-out).

Other Brazilian Compliance Requirements

Registration (“Authorization”) is required in Brazil for all prize promotions. Fees are dependent on the value of prizes offered, and can reach sizeable amounts for higher value prize promotions.

Authorization requests must be filed more than 40 days (min) up to 120 (max) days prior to the beginning of any promotion. A response from the SRE should be due in 30 days from the date of the request, assuming no information is missing or clarification is sought, to either approve the promotion or request additional information.

There are potential exceptions to the Authorization requirement, where contests (i.e. games of skill, with no game of chance/random elements) that are exclusively cultural, artistic, sportive or recreational in nature, with no payment requirement may not require Authorization, but these instances are extremely limited. You should assume that in almost all cases Authorization is required: if the promotion is in any way linked to a trademark, product or service (i.e. all commercial promotions), promoters must seek Authorization.

It is very important to note that Authorizations are granted to Brazilian legal entities only, that are engaged in the industrial, commercial and real estate businesses. Foreign entities without a legal presence (e.g. a subsidiary) in Brazil may apply with an associated or partnered Brazilian entity, though that Brazilian entity will be responsible for the promotion as far as the authorities are concerned.

If during winner selection a winner(s) is disqualified, the promoter may select and notify a new winner(s), however, if a winner has been announced and is then disqualified or otherwise ineligible, a new winner cannot be selected, the prize must be forfeited and the value of the prize must be paid to the state.

Similarly, if a winner is unable to be contacted or is unable for any other reason to confirm (after the announcement of results), a new winner cannot be selected, the promoter must wait/attempt to fulfil for 180 days, after which the prize must be forfeited and the value of the prize must be paid to the state.

Promotional campaigns may not run for longer than 12 months.

All promotional materials (including terms and conditions) must be available in Portuguese.

Once the promotion has ended, the promoter must provide proof of compliant conduct of the promotion to the SRE (i.e. that it has been run properly and prizes have been properly allocated). There is a time limit on this requirement but will depend on when the prize has been allocated.

Our view on Brazil for Prize Promotions

Despite the rigours (and fees) associated with Authorization, Brazil is such an attractive consumer market that it should nevertheless be considered. The biggest hurdle is arguably the association with a Brazilian entity (if no Brazilian subsidiary of the promoter exists), and a partnership that makes them effectively responsible for the proper conduct of the contest. If a compliant promotion can be designed (congruent with prizes being offered in other territories for example), and Authorization is granted, Brazil will offer a colossal pool of engaged entrants.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in South Africa (Laws, Rules and Regulations)

South Africa is an attractive proposition for a prize promotion, requiring no registration, fairly straightforward requirements, and in the majority of cases: no need for regionalisation, so you can keep your terms in English. There is however a blind spot around purchase necessary, which in most cases means a no purchase necessary (NPN) route should be used.

South African Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Free to enter prize draws are allowed in South Africa, but to be permitted they must be purely “promotional” in nature (a “promotional competition”).

There should not be payment required to enter, save for a low cost of entry (such as an SMS), up to a value of ZAR 1.50.

South African Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in South Africa and are outside the scope of the CPA and Lotteries Act.

If chance or a random draw is in any way involved in a skill based promotion, it will likely be within the scope of the CPA and/or Lotteries Act and a campaign will need to adhere to its requirements.

Purchase Necessary Promotions in South Africa

Between the CPA and the Lotteries Act, there is an unclear position regarding purchase necessary prize draws and opinions differ on this matter. Although the position of the CPA is that prizes under ZAR 1.0 are not covered by its rules (which could theoretically provide a safe route to purchase necessary), this is not remotely practical for promoters, and in almost all cases the safest option is assume that any kind of payment to enter (aside from up to ZAR 1.50 cost of entry) is not allowed, and to provide a no purchase necessary (NPN) route.

South African Prize Restrictions

Prizes must be legal in nature and recipients must be able to legally accept.

The APC has a very broad definition of “prize” (much broader than many countries; that do not count “discounts” as prizes, for example) – “a reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services, or other discounted or free thing”.

Data Protection in South Africa

The Protection of Personal Information Act 4 of 2013 (POPIA) governs data protection in South Africa.

Data collected/processed in the course promotion should be done so in compliance with the conditions for lawfully processing personal information under POPIA.

Entrants must have opted-in to receive marketing communications, and must be given the opportunity to withdraw consent at any time (e.g. unsubscribe or otherwise opt-out). Marketing communications must be relevant to the organisation(s), brand(s) or product(s) involved in the promotion.

Other South African Compliance Requirements

Terms and conditions should be clear and unambiguous. There is no requirement in legislation or code that terms and conditions must be provided in a particular language. South Africa has eleven official languages but there is generally a good understanding of English, and many promotions default to this. If a promotion targeted a particular region, community or group where English was not widely spoken, the most appropriate official language should be used.

Our view on South Africa for Prize Promotions

South Africa can be considered as a worthwhile and fairly straightforward inclusion into an international prize campaign, with no registration or (in the vast majority of cases) regionalisation requirement. The one exception is purchase necessary prize draws which are unclear within the scope of the CPA and lottery legislation – some promoters take a chance and run purchase necessary promotions, others opt for the safety of a no purchase necessary (NPN) route. We would support the NPN route in almost all cases.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in Ireland (Laws, Rules and Regulations)

Ireland was traditionally very troublesome for purchase necessary promotions, originally entirely prohibiting them save for a charity collaboration workaround. Traditionally, any purchase necessary mechanic within a game of chance was strictly considered as a lottery and thereby prohibited unless properly licensed, moreover lotteries were traditionally allowed to be used for profit, and so in some circumstances, a methodology where a registered charity could become a “surrogate” was used to enable some purchase necessary prize draws, which was a complex and time consuming solution. As of 2019, the rules have flexed to allow purchase necessary prize draws in principle, but with some strict limitations. The Code of Standards for Advertising and Marketing Communications in Ireland or “ASAI Code” is main regulatory code to observe and comply with in Ireland for prize promotions.

Irish Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Free to enter prize draws are allowed in Ireland

Payment to enter would render the promotion a lottery, and Ireland has traditionally taken a very strict view on what constitutes “payment”. In many countries, the purchase of a promotional item that has the same price as a non promotional item does not constitute payment in this context (e.g. you don’t have to pay more for the same can of soda if that can provides you with the chance to win a prize), but for Ireland it has done. Also, traditionally there was a prohibition on profit from lotteries. Now these rules have been relaxed to a limited extent (please see the prizes and purchase necessary sections below).

Irish Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in Ireland. Entrants must be tested on their skill/knowledge/ability to a sufficient extent that would exclude a majority from being eligible for a prize – i.e. the test of skill/knowledge/ability must have a high barrier to entry and cannot be so easy that anyone can win.

Payment to enter is permitted, however if chance or a random draw is in any way involved in a skill based promotion, it may run the risk of being unlawful.

Purchase Necessary Promotions in Ireland

Purchase necessary promotions are now allowed in Ireland under strict limitations. Previously a no purchase necessary route (NPN route) of equal weight was required.

For prize promotions, there is now an exception allowing purchase necessary under the following conditions:

• The nature of the prize promotion is promoting or marketing a product (i.e. the intent is promotional);
• The prize(s) on offer do not exceed E2500 in value; and
• Promotional products should be the same price as non promotional products of the same type, and there should be no other payment to access or redeem the prize(s).

Irish Prize Restrictions

Prizes should be accurately described, and conform to relevant safety standards. Non permitted/licensed lottery prizes (e.g. purchase necessary promotions) may not exceed E2500 in value.

Data Protection in Ireland (GDPR)

Ireland operates a slightly more favourable permissions regime for 1st party B2B – allowing consent if relevant permissions, with soft opt-in or opt-in for 1st party B2C and opt-in for B2B and B2C 3rd party consent.

See our GDPR opt in rules by country.

Other Irish Compliance Requirements

Terms and conditions should be clear and unambiguous.

Our view on Ireland for Prize Promotions

Ireland in many regards is a straightforward and uncomplicated territory – being english language speaking, not requiring any registrations or tax oddities, and with a very comprehensible compliance code (the ASAI) – making it an easy market to include in international campaigns. Its one achilles heel has always been purchase necessary prize draws, which were (along with Northern Ireland until very recently) traditionally requiring a no purchase necessary (NPN) entry unless promoters organised a convoluted charity workaround. Now there is limited scope for purchase necessary, but this still means Ireland can present an issue if a multi territory purchase necessary prize draw wishes to include Ireland, as for FMCG or grocery item promotions the prizes on offer are often well in excess of the somewhat modest E2500 Irish prize limit.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in France (Laws, Rules and Regulations)

Running a prize promotion campaign in France has become much simpler since 2014, when a number of filing, registration, and payment/reimbursement rules were removed. It is now much more straightforward to run promotions of all types (though France still has particular requirements) and it demands a similar compliance workload to Germany. There remains the option of filing rules and terms and/or conducting a draw with a Huissier de Justice (bailiff) for extra protection and for high profile promotions or brands this may be beneficial. The French Consumer Code or Code de la Consommation is important to observe and comply with.

French Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Prize draws are allowed in France, providing they are a “promotional lottery” and do not constitute “unfair commercial practice” (various requirements dictated by the French Consumer Code).

Payment to enter is strictly prohibited.

French Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in France. Winners must be selected by a jury of judges on an impartial basis, based on set criteria which has been communicated to entrants.

Chance or random draw should not in any way be involved in a skill based promotion, otherwise it may be considered unlawful.

Payment to enter is strictly prohibited.

Purchase Necessary Promotions in France

Purchase necessary promotions are allowed in France.

Promotional products should be the same price as non promotional products of the same type, otherwise it could be considered that the promotion is requiring payment to enter.

Where a purchase is involved in the entry, the value of the prize should be reasonable in proportion to the value of the purchase so that it does not “substantially distort the economic behaviour of the average consumer”.

French Prize Restrictions

Prizes must be legal in nature and recipients must be able to legally accept. Weapons and tobacco are not permitted prizes.

Data Protection in France (GDPR)

France operates a slightly more favourable permissions regime for 1st party B2B – allowing opt-out permissions, with soft opt-in or opt-in for 1st party B2C and opt-in for B2B and B2C 3rd party consent.

See our GDPR opt in rules by country.

Other French Compliance Requirements

Terms and conditions should be clear and unambiguous and available in French.

Whilst it has not been strictly required to file anything or involve a Huissier de Justice (bailiff) in France since 2014, it is still beneficial and indeed advisable in some cases to involve a bailiff for extra reassurance or protection – be that the review and filing of official rules and terms and conditions (which will “seal” them), or involving a bailiff in the supervision of winner selection. In the event of a complaint, challenge or investigation by authorities in France, promoters (and indeed consumers!) are automatically in a stronger position with the involvement of a bailiff.

Our view on France for Prize Promotions

Along with Germany, France is probably one of the most attractive choices in continental Europe for prize promotions as far as compliance goes, and is more liberal than Germany in terms of marketing permissions. There are nevertheless specific French requirements, some of which are strict, and France somewhat unusually specifies requirements for promotions aimed at both B2C and B2B audiences so it’s important to be clear on what your objectives and audience are for any promotion. Whilst it’s not a strict requirement to involve a bailiff, it can provide reassurance and protection – France remains a country that takes consumer protection very seriously and will follow up on complaints or disputes (though it will generally attempt to resolve with the promoter in the first instance) – if your rules/terms/winner selection is “sealed” by a bailiff, you will be in a much stronger position.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in the Netherlands/Holland (Laws, Rules and Regulations)

Running a prize promotion campaign in the Netherlands is relatively straightforward but special attention should be paid to this territory as the Netherlands as a number of specific requirements and limitations, particularly for higher value promotions. It is important to ensure that any campaign is strictly compliant with Dutch requirements. The Code of Conduct for Promotional Games of Chance or Gedragscode Promotionele Kansspelen is important to observe and comply with.

Dutch Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Prize draws are allowed in the Netherlands, but they are subject to a number of restrictions, primarily based on the value of the prize(s) on offer:

Promoters may not run promotions where the total prize value exceeds E100,000.

Promoters may run large promotions not exceeding E100,000 (value of prizes E4500-E99,999) once per year per company/brand/product. There may be up to 20 random draws for winners during this period (there is no restriction on the number of winners selected per draw, only the number of draws conducted).

Promoters may run small promotions with prize values under E4500 any number of times in a year with an unlimited number of random draws for winners.

Games of chance of all types are subject to certain rules under the Gedragscode Promotionele Kansspelen, such as:

The declaration that the promotion is run in accordance with the Gedragscode Promotionele Kansspelen

The rules around the “Kansspelbelasting” or gaming tax

The description of a complaints procedure where required

Dutch Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in the Netherlands. Winners must be selected by a jury of judges on an impartial basis, based on set criteria which has been communicated to entrants.

Chance or random draw should not in any way be involved in a skill based promotion, otherwise it may be considered a game of chance.

Purchase Necessary Promotions in the Netherlands

Purchase necessary promotions are allowed in the Netherlands.

Promotional products should be the same price as non promotional products of the same type, otherwise it could be considered that the promotion is requiring payment to enter.

Dutch Prize Restrictions

Prize values for games of chance are limited to the rules outlined above.

Prizes must be legal, recipients must be able to legally accept (e.g. children and alcohol or tobacco).

Data Protection in the Netherlands (GDPR)

The Netherlands operates a fairly standard regime of opt-in or soft opt-in for 1st party consent and opt-in for 3rd party consent.

See our GDPR opt in rules by country.

Other Dutch Compliance Requirements

Terms and conditions should be clear and unambiguous.

If a promotion is aimed at or allows entry of children, parental consent must be obtained.

It is important to observe the “Kansspelbelasting” or gaming tax for games of chance where prizes exceed E449 in value. The rate of tax has increased more than once in the last few years so it is worth checking exactly what the rate is at the time of your promotion. The tax can be paid by the promoter or the winner, though it is generally the case that promoters pay the Kansspelbelasting on behalf of the winner. It is important to make clear in the terms and conditions who is due to pay the tax.

No taxes apply for prizes under E449.

The Gedragscode Promotionele Kansspelen has a number of unique requirements in Europe (such as the need for an official complaints procedure). Many of these requirements only apply to “large games of chance” but it is often advisable and considered good practice to apply them even for small games of chance.

Our view on the Netherlands for Prize Promotions

The Netherlands is a major European market that does not require registration or bonding. It remains highly feasible and a worthy inclusion to an international promotion, but restrictions on prize draws mean it may impact the calendar of high value promotions (large games of chance can occur once a year). The requirements of The Gedragscode Promotionele Kansspelen and Kansspelbelasting should be carefully applied. Skills promotions are less problematic. Get in touch to make sure you’re running a promo on the right side of the rules and laws in the Netherlands.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

Running a Prize Draw or Competition in Canada including Quebec (Laws, Rules and Regulations)

Running a prize promotion campaign in Canada has become more straightforward in recent years, particularly with changes the province of Quebec has made to liberalise its prize promotion requirements (Historically many promotions running in Canada would exclude Quebec). Nevertheless it is important to properly regionalise for the Quebec territory and to ensure that any campaign is strictly compliant with Canadian requirements. Of particular note are Canadian attitudes to chance based promotions (and the strict requirement of a skill question), and the need for a No Purchase Necessary route of equal weight when running a promotion tied to the purchase of a product.

Canadian Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

Chance based sweepstakes/prize draws as most would typically understand them are not allowed in Canada. Canada requires a compulsory skill question, a “true test of skill”, typically a mathematical question (these must be bona fide questions, “2+4” would not suffice). Canadian courts generally approve of a mathematical question consisting of four parts that follows the order of operations (BEDMAS), consisting of reasonable difficulty and requiring an answer without a calculator.

Entrants must not pay or provide other forms of consideration to enter.

Canadian Competitions and Contests (Skill Based Promotion)

Skill based promotions are allowed in Canada. Winners must be selected on a fair basis, based on set criteria which has been communicated to entrants in all rules and promotional materials.

Purchase Necessary Promotions in Canada

Purchase necessary promotions are not allowed in Canada without an NPN (No Purchase Necessary) option. A No purchase necessary route is required, and this “NPN” route must be afforded equal weight to any pay-to-enter route (known as “equal integrity”) – meaning any free entry should not be disadvantaged against the paid entry.

Mail in entries are a popular NPN route offered; typically short essays – where the entrant mails in a postcard or form to a PO box address or similar.

Canadian Prize Restrictions

There are no specific restrictions on prizes in Canada, however the monetary value of all prizes (even if approximate) offered should be shown in all terms and conditions, rules and promotional materials.

Data Protection in Canada

Canadian prize promotions must comply with Canada’s Anti-Spam Law (“CASL”), most commonly in relation to email opt-in and consent to marketing communications.

See our GDPR opt in rules by country.

Other Canadian Compliance Requirements

Terms and conditions should be clear and unambiguous.

If you are running the promotion in the territory of Quebec, your terms, rules and promotional materials should be available in French. Entry should be available in French also, if relevant.

Canada has comprehensive disclosure rules. These relate to the contents of the rules and terms and conditions themselves (for example – prizes, prize details, prize values, odds of winning), and also relate to the disclosure of salient details regarding the promotion wherever it is advertised or mentioned. On all packaging, advertising and other promotional materials, disclosures related to the number and approximate value of available prizes, any regional allocation of the prizes and of any other fact that materially affects the chances of winning (e.g. odds, No Purchase Necessary) must be stated. Generally promoters will include shortform terms wherever the contest is advertised, which include an abbreviation of the terms and a link to longform terms.

“Material Connection” disclosures: if a promotion requires entrants to share or post on social media, these posts should carry a disclosure as they have been incentivised by prize(s) – similar to how advertising posts must carry a disclosure identifying them as ads.

Our view on Canada for Prize Promotions

Since Quebec liberalised their (somewhat strict) rules and requirements around prize promotions in 2023, many promoters are now able to take advantage of running prize promotions across the whole of Canada without as much fuss (as long as they remember to regionalise Quebec!). Canada does not require registration and for skill contests is very straightforward, but chance based promotions require special attention, and rules around purchase necessary and extensive disclosure should be paid close attention. Get in touch to make sure you’re running a promo on the right side of the rules and laws in Canada.

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.

When running a competition/contest or prize draw/sweepstake where emails are sought for marketing or ongoing promotional purposes, it’s important to understand what rules are required in European countries under GDPR. It is not the case that all EU countries have identical rules as the domestic interpretation of the GDPR regulation can differ by country. Obtaining email opt-ins is an obvious consideration in many prize promotions, be they free to enter or purchase necessary, but it’s vital, particularly if you are operating across multiple countries on a campaign, to ensure that the rules around opt-ins (i.e. the permission given by the user or customer) are correct in the territory. Data protection is a valuable part of the prize promotion compliance process. Please find a table with the rules for each country below. First though, a breakdown of terminology:

Email Opt-in Definitions

1st Party

The same party who collects the data sends the marketing communications.

3rd Party

One party collects the data and passes it to another party who sends the marketing communications.

B2C

Business-to-consumer. A business sells products or services directly to the end user (an individual, not a business), who buys them for personal use.

B2B

Business-to-business. A transaction between two businesses, rather than between a business and an individual consumer.

Consent not Required if Relevant

In a B2B setting, businesses can send marketing communications without Opt-in consent if the product or service mentioned is directly relevant to the recipient’s job role or function. Recipients must be given the option to unsubscribe/withdraw consent.

Double Opt-in

A recipient must have explicitly consented to receive marketing email and then confirmed or verified via a second stage (e.g. verification sent to an inbox).

Opt-in

A recipient must have explicitly consented (or “given permission”) to receive marketing communications.

Opt-out

Consent (or “permission”) is not required to send marketing communications. Recipients must be given the option to unsubscribe/withdraw consent.

Soft opt-in

A recipient may receive marketing communications if their contact information was collected while making a purchase and the marketing communications sent are related to that product or brand. Recipients must be given the option to unsubscribe/withdraw consent.

Email Opt-in Rules by European Country

Who are the Most Restrictive Countries for Email Consent and Opt-in?

The two most restrictive countries are Austria and Germany who require Double Opt-in in all circumstances (both B2B and B2C). They do not accept any kind of implied consent. Whilst Germany and Austria generally have very permissive rules regarding prize promotional compliance and represent attractive territories given their market size and consumer power, nevertheless, extra attention is required regarding data protection when it comes to obtaining marketing consent.

If you require assistance with executing prize promotions in Europe, please get in touch, we’d be happy to help.

Running a Prize Draw or Competition in the United States of America (Laws, Rules and Regulations)

Applicable US Laws around Prize Promotions

US Prize Draws, Sweepstakes and Giveaways (Chance Based Promotion)

US Competitions and Contests (Skill Based Promotion)

Purchase necessary promotions in the USA

US Prize Restrictions

Other US Compliance Requirements

Contact us for help with your prize promotion

Learn about more countries on our prize promotion global compliance map

Disclaimer: The information on this page and other individual or summary compliance pages are not substitutes for formal compliance advice and Contest PR do not make any warranty regarding accuracy or completeness. They are highly simplified general guides and may not be up to date at the time of reading. Please get in touch for up to date advice and compliance assistance on this territory.