Many companies hold various events to promote their brands. One of these events is an advertising game. Such an event requires a budget and compliance with certain rules that are established in Belarus. You can understand the rules in consultation with an experienced lawyer.
Why advertising games are a good promotion tool
Conducting advertising games is important for business for several reasons.
Firstly, advertising games attract the attention of potential customers. Participation in the game will interest people and attract them to the brand or product, which can significantly increase the recognition of the company.
Secondly, advertising games create an opportunity to interact with the audience. Participants can enjoy the game, learn new things, and interact with the brand in a more positive way.
Thirdly, advertising games can stimulate sales. Participation in the game may be associated with winning discounts, gifts, or other bonuses, which may motivate people to make purchases from the company.
Thus, advertising games can be an excellent tool to attract attention to a brand, increase audience engagement and stimulate sales, making them important for a successful business advertising strategy.
What is considered an advertising game in Belarus
A company or an individual entrepreneur may decide to hold an event to increase brand awareness and draw winnings between participants of this event. The event refers to promotional games, when there is a draw and not all participants receive winnings.
The advertising game requires state registration with the Ministry of Antimonopoly Regulation and Trade (MART). Conducting an advertising game without state registration is fraught with an administrative fine.
A ban on advertising games has been established in Belarus:
- to promote gambling, the sale of alcoholic and low-alcohol beverages, beer, tobacco products and medicines;
- in the form of answers to questions;
- in the form of completing tasks that are not related to the purchase, order or use of goods (works, services);
- for persons who cannot be organizers. These are individuals and foreign companies.
An advertising game can be organized:
- A company or an individual entrepreneur who is registered in Belarus.
- Representative office of a foreign company.
- A company that provides contractual services for the organization and conduct of advertising games.
How to register an advertising game
For state registration in MART, you need to collect a package of documents.
Step 1. Develop the rules of the advertising game
There are certain requirements for the rules of the advertising game. In particular, these are the requirements for the content of the rules. The rules of the advertising game must contain:
- Information about the organizer — the name and address of a legal entity (representative office of a foreign company) or the surname, first name, patronymic (if any) of an individual entrepreneur, taxpayer number, e-mail address (if any).
- The name of the advertising game.
- The location of the advertising game.
- The start and end dates of the promotional game, including the dates for awarding prizes and publishing the results of the promotional game.
- The composition of the commission, including the surnames, first names, patronymics (if any), places of work and positions of the members of the commission.
- The name of the goods (works, services) or their categories for which the advertising game is organized in order to stimulate sales.
- The conditions when a person becomes a participant in an advertising game.
- The structure and size of the prize fund (in Belarusian rubles) and the sources of its financing.
- The place, date, time and process of the prize pool drawing, including the method of determining the winners.
- The deadline and method of notification of the winners.
- The place, procedure and timing of the award of prizes.
- The name of the official publication (printed), where the results of the advertising game will be published, as well as the publication dates. The printed edition must be distributed in the territory where the advertising game is being held.
Step 2. Approve the rules of the advertising game
The organizer approves the rules of the advertising game in the upper right corner. There is a mark of approval in accordance with the rules of record keeping, including the signature of the head of the organizing company or individual entrepreneur and the date of approval.
Step 3. Form the prize fund of the advertising game
The source of the prize fund creation may be money or property (works, services) of the organizer or an interested person. An interested person is a company or an individual who does not organize an advertising game, but participates in the formation of the prize fund: contributes money, other property, works or services, provided that advertising about this participation is distributed.
The prize fund does not include damaged or used property.
It is prohibited to include the funds used to form the prize fund in the price (tariffs) of the promoted goods (works, services).
Step 4. Create a commission for the advertising game
The organizer forms a commission consisting of at least 5 people. The commission may include only adult citizens with legal capacity. At least one member of the commission must not be an employee of the organizer.
Since it is required to specify the place of work and position of the commission members in the rules of the advertising game, students and pensioners cannot be members of the commission.
What does the commission do?
The Commission is responsible for:
- For compliance with the established rules of the advertising game.
- For the selection of participants and the drawing of the prize fund.
- For resolving disputes that arose during the game.
The members of the commission perform their duties throughout the entire period of the advertising game.
The members of the commission are not allowed to participate in the advertising game itself.
Step 5. Pay the state fee
Before the state registration of an advertising game, you need to pay a state fee of 5 basic units. At the moment, it is 200 Belarusian rubles (about 60 US dollars or 57 euros).
If the fee rate and/or the base amount change during the consideration of documents, no additional payment is required.
To pay the state fee, the amount of the base value is taken, valid on the day of submission of documents for state registration of the advertising game.
Step 6. Providing a package of documents in MART
The organizer of the advertising game submits in MART:
- Application for state registration of an advertising game.
- Two copies of the rules of the advertising game approved by the organizer.
- Documents on the full formation of the prize fund of the advertising game. The package of such documents is individual in each case. It can be prepared by consulting a lawyer.
- A document confirming the payment of the state fee.
If there are inaccuracies in the package of documents, the documents can be finalized and submitted again for state registration.
Step 7. Obtaining a certificate of state registration of an advertising game
MART reviews the documents 15 days after receiving the application for state registration of the advertising game.
When a decision is made on the state registration of an advertising game, the organizer is issued:
- The certificate of state registration of the advertising game on the MART form, signed by the heads of the Ministry.
- The rules of the advertising game with the MART stamp on registration.
What changes are expected in the registration of advertising games in Belarus
At the end of April 2024, changes in the procedure for registering and conducting promotional games will begin to take effect. The rules that were registered before that time do not need to be changed.
In particular, this will change:
- In the rules of advertising games that are held using Internet resources, you need to specify the name of such resources where information about the draw will be posted.
- MART will consider a package of documents for the state registration of an advertising game for 10 days instead of 15.
- No state registration of an advertising game is required, the prize fund of which does not exceed 40 basic units (1,600 Belarusian rubles or about 480 US dollars or 450 euros). In this case, you do not need to create a commission for the advertising game and publish the rules of the advertising game in print, open special bank accounts to deposit money that is included in the prize fund.
- Rules for the formation of the prize fund from gift certificates were defined.
- Promotional games will not include some promotional events that are held on Internet resources and in order to participate in which you do not need to make purchases or orders. These must be Internet resources registered in accordance with Belarusian legislation.
How we can be useful in preparing documents for the registration of an advertising game
Our employees are experienced specialists in the field of business promotion and related document management. We can:
- Advise you on the issues of promotional events and the specifics of their conduct.
- Advise you on issues related to the conduct and design of an advertising game.
- Advise you on issues related to the change in the order of advertising games in Belarus.
- Conduct an advertising game under the contract.
- Prepare a package of documents for the organizer of the advertising game for the purpose of state registration.
Contact us
If you have any questions related to the preparation and holding of an advertising game in Belarus, we will be happy to help you! Our many years of experience in the field of brand promotion will help you resolve any disputes.
Phone and e-mail communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
