Author: Mgr. Daniel Macek, 11. 12. 2024
Consumer competitions are a popular marketing tool during the Christmas and New Year period. However, their organization must comply with legal regulations, particularly the Consumer Protection Act, and general requirements for the transparency of business practices. Incorrect rules can lead to consumer deception and, in extreme cases, sanctions from the state.
Clear, comprehensible and transparent setting of the competition conditions is key. They should cover at least the following areas:
Clearly specify who can participate in the competition. Specify whether participation is conditional on the purchase of goods or services.
Describe how to enter the competition, for example, by registering, completing a task or purchasing a good or service.
The terms and conditions must include details of the promoter (name, registered office, ID number) and contact details.
Specify the time period of the contest, describe the prizes, and how winners will be selected. Mention any reservations, such as limited number of prizes or delivery of a replacement prize.
Describe the specific obligations of contestants. Situations where a contestant may be disqualified (e.g., fraudulent conduct) may also be defined.
Be sure to reserve the authority to resolve disputed situations. Furthermore, the right of the organizer to change the rules of the competition with prior notice can be regulated.
Do not forget to instruct about the processing of personal data in accordance with GDPR.
The competition terms and conditions must be publicly available throughout the competition, typically on the organizer’s website. Before starting the competition, check whether the terms and conditions allow for double interpretation and whether you have not overlooked any of the edge cases.
Proper organization of (not only) Christmas and New Year’s Eve competitions is the basis for successful marketing and for maintaining customer trust and satisfaction. If you are interested in creating competition terms and conditions tailored to your needs, the MACEK.LEGAL law firm is fully at your disposal ☺
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