This month, the world's biggest sporting event, the FIFA World Cup, will start again. For one month, the world's best football players will compete for the coveted World Cup and, of course, eternal fame. But there will also be a fierce battle far beyond the Qatar sandbox, just not on the football field. Of course, companies want to make the most of the unleashed football craze and win consumers' attention as much as possible during the World Cup. This is because major sporting events, such as the World Cup, are the perfect time to acquire additional customers or to bind existing customers to your brand, product or service with a promotional campaign. With major and minor actions, almost every company is trying to make a living out of the World Cup. Because regardless of the sector or industry in which your company operates, with a bit of creative thinking, you can always make a connection between the products/services offered and the World Cup and the associated football craze.
An action can be designed in several ways. Perhaps the most famous campaign is saving for soccer-tinted products, for example at the supermarket. Some examples of successful promotions at previous World Cups include: Albert Heijn's Wuppies (2006 World Cup), the Heineken Pletterpet (WK2010) and Jumbo's Roy Donders-Cheering Suits (2014 World Cup). Another common type of promotion is that consumers compete for a nice prize by purchasing a certain product, for example a sum of money, tickets to a football match or a (World Cup) product. An action around the World Cup can therefore be designed in many ways, but the underlying idea is always the same: use all the commotion that occurs around the World Cup to recruit as many customers as possible!
For providers of such giveaways, it is important to be aware of the regulations that they must comply with. Depending on the promotional campaign, a provider may be bound by a number of strict rules. Violation of which can lead to (financial) sanctions. In particular, promotions where consumers have a chance to win a product or cash prize but cannot influence the outcome of the game because the winner is randomly selected are subject to strict rules. These types of actions are defined as promotional games of chance.
Promotional games of chance mean: giving participants the opportunity to compete for prizes or premiums as a promotion, where the winners are chosen by any chance over which participants cannot exert a predominant influence. A mouthful, in short, means that, with a promotional game of chance, a provider can promote a particular product, service or brand by giving participants the opportunity to compete for a predetermined price or premium. An essential part of a game of chance is therefore that the outcome of the game is not determined in advance or is solely based on the player's dexterity. For example, if everyone who buys product X during the World Cup automatically competes for a fully arranged trip to a football match in London and the winner is chosen randomly, the promotion counts as a promotional game of chance.
In principle, offering games of chance always requires a license. Promotional games of chance are exempt from this licensing requirement, insofar as they meet the set requirements. Indeed, promotional games of chance are subject to the Gaming Authority's Code of Conduct for Promotional Gambling. This code of conduct creates the frameworks within which a promotional game of chance must be organized. One of the most important elements of this code of conduct is that a promotional game provider will usually have to draw up general gaming conditions.
We understand that with the World Cup around the corner, providers want to quickly start organizing and carrying out promotional actions. In any case, what they do not want is to get bogged down in the applicable laws and regulations, so that the action cannot be carried out as planned or even completely flopped. As one of the few firms specialized in both the sports and gambling industries, we have compiled a practical guide, especially with a view to the upcoming World Cup, explaining the most important elements for organizing and implementing a promotional game of chance from a legal perspective. The manual is structured as follows:
By means of this manual, every provider is able to successfully organize a promotional game of chance. The Manual can be purchased for a one-off price of €200 (excluding VAT).
As experts in the gaming industry, we understand better than anyone that one promotional campaign is not the other. As a result, it is quite possible that your specific action needs additional guidance in designing your promotional game of chance. For example, when additional privacy conditions need to be drawn up or if it is uncertain whether the intended action can qualify as a promotional game of chance. In this case, you can also contact one of our experts in the field of gambling and they will work with you to achieve the intended result.
Stef van der Veldt
lawyer
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