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This Checklist This Checklist sets out the main considerations before launching a prize promotion, prize competition, or a prize draw in Great Britain. See also the Practice Note: How to run a prize promotion. At the outset, ensure any advice confirms the activity is not an unlawful lottery under the Gambling Act 2005 (GA 2005) and that it meets the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). These matters are explored in detail in Practice Note: Prize promotions. This Checklist also contains an optional section for operators that have signed, or are thinking of signing, the Voluntary Code of Good Practice for Prize Draw Operators (Voluntary Code), issued by the Department for Culture, Media and Sport (DCMS) on 21 November 2025 (see: LNB News 20/11/2025 30). Founding signatories must bring the Voluntary Code requirements into effect by 20 May 2026 at the latest. Any operators joining after that implementation date must be fully compliant from the date of signature...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce International Sale and supply of goods LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship ASA rulings—2 July 2025 The Advertising Standards Authority (ASA) received one complaint about a radio advert for Cadbury Delights stating ‘only 91 calories’. The ASA upheld the complaint, deciding the wording fell foul of the rules on nutrition and comparative nutrition claims. See: LNB News 02/07/2025 36. ASA rulings—2 July 2025 Two complaints were made to the ASA about Wowcher Ltd: one over a misleading savings claim for a hair product, and another over the unfair running of a ‘Mystery Holiday’ promotion. The ASA upheld both. See: LNB News 02/07/2025 53. DCMS research finds online prize draws need stronger consumer safeguards The Department for Culture, Media...
Prize promotions are undertaken for a range of purposes, from building brand recognition and publicising new products to attracting additional subscribers/customers. As these activities are typically consumer-facing, promoters must follow a set of established rules and obligations. If they do not, they risk breaching the law and becoming liable for penalties. This Practice Note delivers a practical ‘how to’ on running a prize promotion, summarising the key rules to observe when planning and executing the promotion, alongside the legal issues and considerations that may arise. For fuller guidance, see Practice Note: Prize promotions. For sample terms and conditions, see Precedents: Prize promotion terms and conditions—short form Prize promotion terms and conditions—long form Prize promotions terms and conditions—holiday prize clause Prize promotion terms and conditions—copyright ownership clause See also: Prize promotions—checklist, which may help promoters intending to run a prize promotion. What are the types of prize promotions? Prize promotions are commonly divided into either: free...
This Practice Note This Practice Note examines what falls within the meaning of a gaming machine under the Gambling Act 2005 (GA 2005) and the offences that may arise where contraventions occur. It further addresses the operation of lotteries, including the distinction between simple and complex lotteries, the rules on lottery promotion, exempt lotteries, and offences resulting from breaches of the statutory provisions. Under GA 2005, a gaming machine is a device designed or adapted for individuals to gamble, whether or not it also serves other purposes. The High Court has held that poker terminals available in public houses are gaming machines because they enable play of a game of chance for a prize; they were recognisably capable of generating a chance on which a prize might be awarded. By contrast, equipment not designed or adapted for gambling—such as skill machines where the outcome depends on skill rather than chance—does not constitute a gaming machine for GA 2005 and is therefore outside its regulation. Accordingly, devices based on skill...
STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025) and entering into partial operation on that date. Certain parts of DUAA 2025, addressing areas such as replying to data subject access requests and conferring authority to make further regulations, took effect immediately on 19 June 2025. Other provisions, relating to notices issued by the Information Commissioner and particular aspects of law enforcement processing, commenced on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, to be made in order to enable commencement before they come into force in practice. Part 5 of DUAA 2025 updates elements of UK data protection and ePrivacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. Most...