Companies using advertising games to promote their brands can obtain permission to host such games after registering the rules for such games with the Ministry of Antimonopoly Regulation and Trade (MART). After receiving the certificate of state registration of the advertising game from MART, the company is obliged to comply with the established rules of the advertising game. This procedure is accompanied by nuances, so if you need to get detailed information about the procedure for conducting an advertising game in Belarus, you can consult with our lawyers.
Why it is important to follow the established procedure for conducting an advertising game in Belarus
Compliance with the procedure for holding advertising games in Belarus is essential for several reasons:
1. Consumer protection.
Properly organised and conducted advertising games protect consumer rights from fraud and unfair actions by the organisers.
2. Compliance with the law.
In Belarus, there are laws and regulations governing the conduct of advertising and promotions. Compliance with the procedure for conducting promotional games helps the organisers avoid violating the law and fines or sanctions. For example, for operating an advertising game in violation of the requirements of the law, the rules of conducting an advertising game, an administrative fine is imposed for companies up to 500 basic units.
3. Professionalism and trust.
A properly organised and honestly conducted advertising game helps to strengthen consumer confidence in a brand or company, as well as increases their professional level in the eyes of the public.
4. Efficiency and effectiveness.
Following the order during the advertising game helps achieve the set goals and objectives and maximise the marketing campaign’s effectiveness.
Thus, compliance with the procedure for conducting advertising games is vital to ensure legality, protect the interests of consumers, increase brand confidence and achieve effective results from promotions.
What should be done after receiving the registration certificate for the advertising game in MART
After receiving a certificate of state registration of an advertising game, you should not immediately start conducting it. Before running an advertising game, it is necessary to publish the rules of its conduct in a printed media outlet distributed in the territory where the advertising game is being held.
Step 1. Determine the territory where the advertising game is being held
When an advertising game is conducted offline in a retail facility or other facility, you need to find out which print media are distributed in the territory of these facilities.
When an advertising game is held online, most likely, there is access to the resource throughout the territory of Belarus.
Step 2. Determine in which print media to publish the rules of the advertising game
From the local and republican print media, you need to choose the appropriate publication date. It should be borne in mind that it will take time to publish and agree in advance with the editorial board, taking into account the start date of the advertising game.
Step 3. Send the rules of the advertising game for publication in the print media
In addition to the rules of the advertising game, it is necessary to publish information about the number of the certificate of state registration of the advertising game and other data of the certificate, as well as the address of the website where the rules of the advertising game are posted.
What are the features and limitations of the promotional game
To conduct an advertising game, the organiser has the following restrictions for the period of its holding:
- Prohibition to change the composition and size of the prize pool.
- Prohibition to change the rules of the advertising game registered with the Ministry of Antimonopoly Regulation and Trade.
- A ban on charging for consumer participation in an advertising game.
- A ban on raising prices for goods advertised as part of an advertising game.
- It is forbidden to set the minimum number of participants in the advertising game required for the drawing of the prize fund.
How to draw the prize fund
The primary condition of the draw is that it is held openly in the presence of participants in the advertising game who want to attend. Software tools cannot be used in the drawing.
The drawing results must be random, independent of the organiser’s will and not agreed in advance.
What to do after the prize pool draw
After the drawing, it is necessary to recall the rules of the advertising game, where the deadline for publishing information about the results of the draw is indicated. This information is usually published in the same print edition where the rules of the game are published. To prevent violations of the rules of the advertising game, it is recommended to arrange publication in advance.
Certain mandatory information must be specified in the publication, such as information about the organiser, the name of the game, the start and end dates, a contact phone number for inquiries, and others.
If the number of winners in the game exceeds 100 people, then their surnames, initials, and information about prizes can be published on the Internet website. At the same time, publishing the results in print media must contain a link to the website. Access to this information on the site is free and does not require a contract. This information must be available on the site for at least 2 months.
Do not forget to report to MART about the advertising game
After the end of the promotional game, the organiser must send a report on the promotional game to MART within 30 days. Some mandatory information should be written in the report. In particular:
- Personal data of the winners, information about the winnings and their issuance.
- Whether there were violations during the advertising game.
- Were there any complaints during the promotional game.
- Information about the publication of the rules of the advertising game.
- The rules of the advertising game and information about the results of its implementation should be attached to the report.
Storage of materials related to the advertising game
The organiser must keep documents and other items and materials related to the advertising game for 3 years from the end of the game.
In particular, they store questionnaires, flyers, receipts, product packages, an online resource where participants were registered, documents confirming winnings by certain persons and the issuance of prizes to them.
What will change in the holding of advertising games in Belarus from April 2024
1. Since April 27, 2024, the procedure for conducting promotional games has been simplified, the prize fund of which is no more than 40 basic units. It is about 1,600 Belarusian rubles. Such promotional games do not need to be registered in MART.
They are conducted under the rules approved by the organiser.
The prize fund for such promotional games must be fully formed at the beginning of the game. Gift certificates can be included in the prize fund.
2. There will be no need to publish information about the advertising game in print media when there are more than 100 winners in the advertising game. The organiser can post information about the winners on an Internet resource. The information must be there at least 2 months after the game is over.
When an advertising game is held online, publishing information about the game in print media is also unnecessary. On the resource where the advertising game was held, it is necessary to post information about the winners within 2 months.
3. When conducting any online advertising game, the organiser must ensure that the participants use only Internet resources registered under Belarusian law.
Which events will not apply to promotional games from April 2024
From April 27, 2024, certain events that brands organise to promote themselves will not apply to advertising games. Contests and events provide opportunities for participation without purchasing goods or utilizing services. They are often hosted on free Internet platforms like websites, applications, or blogs.
Contact us
If you have any questions related to advertising games, we will be happy to help you! Our many years of experience in the field of legal and accounting support for 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.
