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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Customer Question

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Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Here is my question


Hi,
My name isXXXXX planning to start a Quiz prize competition online via Web. The Quiz questions will be based on academic skills (only People who has gone to school or college will be able to enter the competition as it involves logical questions from different subjects like Maths, Chemistry, Physics etc) along with general knowledge. There will be an Pre - elimination round for any user trying to enter the competition for the first time.
Once the user passes the elimination round he can pay the entry fees to enter into the quiz competition.
If the user fails the pre elimination round then there will be a clear message given saying that he is not eligible to attend and he will be restricted to go further. The real competition dates will be announced and the Persons who are willing to enter should take the pre-elimination round (if the user is signing up for the first time) and existing users have to pay the entry fees to take the test. The entry will be closed at least 24 hours before the test starts. We will announce the Prize money based on the number of subscriptions. (say X% to the winner from the total money collected) . When the time strikes the announced competition time then user should be ready to take the test online. Say for instance there are 10 questions that needs to be answered in 5 mins (each question has 30 secs) and say if 5 people has answered everything correct then the system calculates who has answered first (minimum time) and winner will be announced in the same website with delayed time. The Prize money will be transferred to the bank he has registered with the system.
Please let me know what are the legal precedures and legal documents needed to run such competition. Please provide legal advice.


PLEASE DO NOT PUBLISH THIS CONTENT IN YOUR WEBSITE FOR THE PUBLIC VIEW.



Thanks
Shanthi Somasundaram
[email protected]
07599819585

Expert:  Jo C. replied 3 years ago.
Thanks for your interest in me then but this is not my area.

I will opt out for others.
Customer: replied 3 years ago.

Ok, Thank you.


 

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Good news, from what you say, your proposed prize competition does not require any form of licence from the Gambling Commission as it is not a game of chance.

See here: http://www.gamblingcommission.gov.uk/frequently_asked_questions_fa/competitions_and_prize_draws/can_i_run_a_prize_competition.aspx

You may just wish to double check with the Gambling Commission directly for a second opinion.

Hope this helps
Customer: replied 3 years ago.

well, I have already contacted gambling commission and confirmed this. What exactly I require from you is that other legal advice to be met in running a such competition. Something like data protection, terms and conditions and price guidelines act etc etc.


I dont want to be in a position that trading standards put my company as illegal hence I need to know other legal concerns that may hinder these kind of competitions.


Hope you understand my question now?


 

Expert:  UKSolicitorJA replied 3 years ago.
CAP Code on prize promotions
The British Code of Advertising, Sale Promotion and Direct Marketing (known as 'the CAP Code') sets out certain additional rules which should be followed when running prize promotions.
The CAP Code applies to all marketing communications in print, cinema and video, as well as online advertising in paid-for space. It does not apply to broadcast commercials which are subject to the BCAP TV or Radio Advertising Standards Code, or to the content of premium rate telephone services which are regulated by PhonepayPlus (previously known as ICSTIS).
In addition to the general principles that advertising must be legal, decent, honest and truthful, the CAP Code requires that the following information is given to consumers before or at the time of entry into the prize promotion:
how to participate; if there is a free entry route, this must be clearly explained;
the start date;
the closing date in certain circumstances (eg if targeted at children);
any proof of purchase requirements – or, where a promotion encourages but does not require purchase, a clear statement that no purchase is necessary and explanation of the free entry alternative;
the minimum number and nature of any prizes, and whether a cash alternative can be substituted;
any geographical, personal or technological restrictions (eg location, age, or the need to have access to the internet);
any limit on the availability of promotional packs (if this is not obvious);
the promoter's full name and business address;
any restriction on the number of entries;
how and when winner(s) will be notified, and when they will receive their prizes if this is more than 6 weeks after the closing date;
how and when the results will be announced; winners' names must be published or available on request, but promoters must not publish excessively detailed personal information;
the criteria for judging entries eg the most apt and original tie breaker; if the choice is open to subjective interpretation, then an independent judge (or a panel including one independent member) must be appointed, whose name must be available on request;
who will own the copyright in the competition entries (if relevant);
how entries will be returned (if applicable); and
any intention to use winners in any post promotion publicity.
Participants must be able to retain this information or have easy access to it throughout the promotion.
As appears here:
http://www.out-law.com/page-6780

Sample terms and conditions: http://www.loquax.co.uk/promoters/rules.htm

Data protection guidance: http://ico.org.uk/for_organisations/data_protection/the_guide/the_principles

Hope this helps
Customer: replied 3 years ago.

Hi,


Thanks for your reply, you have listed CAP code, Data Protection and loquax terms and conditions, I have been investigating all these for past one week and I have already gathered these information, I would appreciate if you can tell me list of other legal bodies and compliance acts that needs to be met for this.


Is there anything from consumer protection act from unfair trading, Trading standards requirement, Also what can the minimum and maximum price requirement, is there any regulatory body that provides pricing guidance for such competitions.


To make it simple what are the different legal bodies that plays different roles in setting up of any business and in particular web based Price competition.


 


Also where can I get the requirements documents for all these compliance?


Who is the best law company who can provide legal advice for my requirement.

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

No, there is no regulatory body which gives guidance for such competitions, there are no other relevant factors other than taxation and treating the participants fairly.

If you want specific legal advice, Pinsent Masons may be able to help.

All the best
Customer: replied 3 years ago.

Hi,


Thanks for your reply, however I did not really get what I wanted. Although this dosent come under any regulatory body however there will be UK law or UK authority which oversees all the business are conducted failry. So in that case what are those bodies that looks after if the business is conducted fairly or not?


 


 


Thanks


Shanthi Somasundaram

Expert:  UKSolicitorJA replied 3 years ago.
Hat would be the Office of Fair Trading http://www.oft.gov.uk

All the best
Customer: replied 3 years ago.

Hi,


The list looks


1. Gambling Act


2. CAP Code


3.Data Protection act


4. OFT


I have investigated this already and nothing is new to me, for the above list where can I find the requirements. I mean the documents?


 


Is there any Anything else apart from the above mentioned?


 


So when I meet a solicitor in person to get legal advice, what all the thing I need to ask and what are the list I need to have after the advice.


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
We have covered all the issues which will be relevant to your proposed competition.

You need to ask the solicitor to draft the rules of the competition to ensure that they comply with all applicable legislation.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Incomplete answer.
There are other legal factors like A Guide to the Privacy and Electronic Communications (EC Directive) Regulations 2003 and Legal Requirements for Business Websites

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