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Do New Regulations For Promotional Games Apply To Your Company?

Author:Ms Juanita Acosta and Luz H. Adarve
Profession:Dentons
 
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Issued last year, Decree 2104 of 2016 modified the request procedure for authorizing promotional games.

We outline everything you need to know about complying with these regulations.

What is a promotional game?

Decree 2104 defines a "promotional game" as a game involving luck or chance organized and operated by private entities for the purpose of advertising or promoting goods or services, establishments, companies or entities, in which a prize is offered to the public and without access to the game is paid directly.

When should you request authorization to perform a promotional game?

All promotional activities carried out in Colombia must be authorized by a governmental authority.

Authorization must be requested from Coljuegos when both of the following conditions exist:

The activity is of national scope. "National" is defined as involving two or more departments or special districts. The method of selecting a winner involves luck and/or chance. This means that the final result is unknown even if a high possibility of determining it exists. If the game of luck and/or chance only includes one department, authorization should be requested from that department's secretary of government instead of Coljuegos.

What are the requirements to submit the application for authorization?

Form 6 duly completed Copy of the Certificate of the Legal Representative of the company requesting authorization Terms and conditions for the promotional game Schedule of the game's operation Detailed reward plan Compliance Policy Payment of operating rights and administrative expenses Benefit...

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