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Most of the companies active in the Italian market are likely to have faced at least once the complex regime governing prize competitions (i.e. marketing initiatives awarding prizes in kind based on the chance or the ability of the participants) and prize operations (i.e. marketing initiatives awarding prizes to all the participants purchasing a product/service).
Unfortunately the scenario has now become even more burdensome as promoters planning the launch of prize competition/prize operation shall send the relative documentation to the Ministry of the Economic Development at least 15 days prior to the beginning of the contest. Also, from the 25th of January 2011, it will be possible to perform the delivery of the abovementioned documentation to the Ministry only through an electronic system provided by the Ministry requiring a digital signature.
These changes shall have a relevant impact especially for the marketing teams of companies that will have to plan with considerable prior notice the launch of contests, while on the contrary the Ts&Cs usually are finalized the day before the beginning of contests….
In particular foreign online and offline operators shall start reviewing more carefully the obligations prescribed by Italian law on prize competitions even because the applicable sanctions have been recently increased up to € 500,000.
Do you want more details on the regulations governing prize competitions and prize operations in Italy? Feel free to contact me, Giulio Coraggio.
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