Anyone who, after reading the title of this article, was hoping for a giveaway from Hoogenraad & Haak will unfortunately be disappointed, that is not what this article is about. The holidays are coming up, this means a lot of gifts will be given. For everyone who is planning on organising a 'share, like & win action' or another promotional game of chance, this article provides an overview of the most important rules you have to take into account.
It is important to distinguish between a large and a small promotional game of chance. With a small promotional game of chance your prize pool can amount to a maximum of €4,500 and with a large promotional game of chance to a maximum of €100,000. A large promotional game of chance may only be organised once per calendar year per product (or per flavour/type), service or organisation, with a maximum of 20 draws. You are also required to make terms and conditions for the promotional game of chance.
If you organise a small promotional game of chance, you are not bound by these rules. However, it is advisable to at least draw up a number of 'game rules' in order to avoid ambiguities.
At the end of the day, all the prizes have to be awarded. If the prize winner does not respond within a reasonable period of time, there will need to be a 'reserve' winner. When a prize has a value of €449,- or more a gambling tax of 30,1% has to be paid. The organiser decides whether they or the prize winner bears these costs.
Anyone who does not comply with the Code of Conduct for Promotional Gaming of Chance violates the Games of Chance Act. The Games of Chance authority can impose an order subject to a penalty or an administrative fine. But that is more theory than practice.
For a complete overview of the rules, the Code of conduct for promotional games of chance can be consulted. Planning on organising a promotional game of chance via social media? Pay attention to the policy of the platform (see for example the policy of Facebook).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.