| Item | Top level assessment |
| Can you run prize draws in Argentina? (i.e. chance based promotion) | Yes |
| Can you run competitions in Argentina? (i.e. skill based promotion) | Yes |
| Is local registration required? | No |
| Is regionalisation/translation required? | Yes |
| Are there restrictions on prizes? | No |
| Can you run purchase necessary prize promotions in Argentina? | No Purchase Necessary route required |
| Compliance feasibility and cost | Highly feasible, low cost |
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.
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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.