Mystery box prize promotions with stated retail value: permitted under Gambling Act 2005, Gambling Commission and Advertising Standards?

Published by a LexisNexis TMT expert

Q&As

For the purposes of the Gambling Act 2005 (GA 2005)

Under GA 2005, s 3, gambling encompasses ‘gaming’, ‘betting’ and taking part in a ‘lottery’. ‘Gaming’ is defined in GA 2005, s 6 as playing a game of chance for a prize under that provision. A game of chance covers the following:

a game that contains both an element of chance and an element of skill,
a game where the element of chance can be eliminated by superlative skill, and
a game presented as involving an element of chance,

but it does not include a sport. There must be some element of chance and the prospect of winning a ‘prize’ for the activity to qualify. The Q&A does not indicate the setting in which the mystery box of prizes is being offered to participants. If the prize is to be obtained by taking part in a game of chance as described in GA 2005, s 6, it will fall within the meaning of gambling under the Act. The mystery box of prizes appears likely, in practice, to meet the definition of a prize in GA 2005, s 6, as it possesses a retail value for which there will be a market on that basis...

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Katherine Illsley

Harcourt Chambers

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts....

Web page updated on 27/05/2026

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