1. Prize-giving events
Prize events can take the form of competitions or prize operations and consist of promises of prizes to the public.
The goal is that of promote knowledge, in the Italian territory, of:
- products, services, companies, signs or brands;
- the sale of certain products or the provision of services.
There regulations which regulates prize competitions is the DPR 430/2001.
2. Prize competitions
These are prize competitions. advertising events in which the awarding of the prizes offered depends on:
- fate;
- any device or machine that leaves the selection of the winner to chance;
- the ability of competitors to express judgments or predictions relating to certain events (sporting, literary, cultural) or to answer questions or carry out work whose evaluation is reserved to third parties.
- the ability of the competitors to be the first to fulfill the conditions established by the rules.
The duration of prize competitions can be a maximum of 1 year.
3. Prize operations
These are premium operations advertising events which include the offers of prizes to all those That:
- buy or sell a certain product or service;
- they purchase or sell a certain quantity of products or services, collecting proof of purchase;
- purchase or sell a specific product or service, presenting a predetermined number of proofs of purchase and paying a contribution (not exceeding the 75% of the product or service). In this case, the prize consists of a price discount, represented by the difference between the normal value of the good offered and the contribution requested, on a different product or service.
The duration of prize operations can be a maximum of 5 years.
4. Subjects
The prize events are riots to:
- final consumers;
- resellers;
- intermediaries;
- dealers;
- collaborators; and
- employees.
I am carried out from:
- manufacturing or commercial companies supplying or distributing the promoted goods or services; and
- from the organizations representing economic associations between companies in the form of consortia and cooperative companies (hereinafter, "Promoting entities”).
The Promoting Entities can delegate to represent them in fulfilling their obligations:
- promotion agencies;
- professional operators.
5. The prizes
They can consist of:
- goods;
- services;
- price discounts;
- legitimation documents pursuant to art. 2002 of the Civil Code, susceptible to economic evaluation and subject to value added tax or substitute tax;
- lottery games;
- national lottery tickets.
I am excluded:
- the money;
- public and private loan securities;
- stock certificates;
- share capital shares;
- company capital shares;
- mutual fund shares;
- life insurance policies.
The prizes up for grabs are delivered to those entitled within 6 months from the conclusion of the event or from the request for prizes.
6. Excluded events
Not they consider themselves competitions or prize operations:
- competitions For works And projects in which the conferral of the award to the author have character of consideration, Of personal recognition or of title of encouragement;
- awards given by radio and television broadcasters or radiophonic:
- to spectators present at the location of the event (including remote radio listeners); provided that
- the initiative Not is intended to promote the products or services of other companies;
- prize operations with substantial prizes or gifts:
- in discounts on the price of products or services of the same kind as those purchased;
- in discounts on a different kind of product or service compared to the one purchased (provided that the discounts are not offered in order to promote the latter);
- from additional quantities of products of the same genre;
- prize operations with prizes consisting of:
- vouchers that can be used on subsequent expenses in the same store or in others of the same brand or company;
- objects of minimal value (the January 2023 FAQ identifies as objects of minimum value: pencils, calendars, flags and similar objects) the payment of which does not depend on the size or nature of the sales to which they are connected;
- events in which the prizes are intended for public bodies or institutions with eminently social/charitable purposes.
7. Prohibited demonstrations
It is not allowed the carrying out of prize competitions, when:
- the mechanism of competitions and prize-based operations allows the promoter or third parties to influence the identification of winners or make participation illusory.
- there is a lack of real promotional purposes;
- there is disturbance of competition and the market;
- there is the purpose of promoting products for which they are intended advertising bans;
- it happens in violation of Presidential Decree 430/2001;
Circular no. 1/AMTC of 28 March 2002 established that the ban is applicable to events in which the prize is indicated as available “while stocks last”.
8. Obligations for prize competitions
- To organize the prize competitions The Promoters must:
- lend a bail in equal measure to overall value of the promised rewards;
- give a preventive communication to the Ministry of Productive Activities by completing and submitting a specific form; and
- provide documentation proving the payment of the deposit; And
- provide the regulation of the competition (any changes to the regulations must be notified to the Ministry).
- To organize the prize operations The Promoters must:
- lend a bail equal to 20% of the total value of the promised prizesThe deposit is not due if the premium is paid upon purchase of the product or service;
- draft the regulation, self-certified with substitute declaration of a notarial deed by the representative of the promoting company (any changes are made using the same methods).
In the case of both competitions and prize-based operations, the promise made known to the public can be modified if the changes Not they infringe the rights acquired by the promisees and are brought to the attention of interested parties with the same form as the original promise.
9. The regulation
The rules of the prize competitions must be made available to the consumer and must contain:
- indication of the Promoting entities;
- duration;
- territorial scope;
- how it works of the demonstration;
- nature And value indicative of each of the awards;
- end of the delivery of the prizes;
- indication of the non-profit organizations to which the undelivered prizes must be donated.
10. Advertising of prize competitions
It is forbidden to advertise prize competitions in violation of the rules.
Promotional material must be accompanied by the regulations or, at least, report:
- the conditions of participation;
- there duration of the demonstration and
- for prize competitions, the value total of the prizes.
Advertising messages, depending on the characteristics of the means of diffusion and the spaces used, may not contain all the information required but must contain a reference to the regulation with an indication of the methods of consultation/acquisition of the same.
11. Controls and sanctions
The Ministry of Productive Activities carries out control activities by office And as a sample or on report of the interested parties.
In case of demonstration prohibited, the Ministry:
- assign 15 daysi to the Promoting Entities to present any counter-arguments;
- within 60 days from such request, in case of violation, adopts with reasoned decree a measure to immediately cease the demonstration.
Administrative sanctions are imposed in the event of:
- Prohibited demonstrations;
- prize competitions without sending the communication;
- competition with different modes from those indicated in the communication; and
are governed by art. 124 of the Royal Decree-Law 19 October 1938, n. 1933.
