sweepstakes and contest in italy

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PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024 SWEEPSTAKES AND CONTESTS IN ITALY WHAT YOU SHOULD KNOW TO ORGANIZE A PRIZE PROMOTION IN A SAFE AND LEGAL WAY

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Are you planning to organize a promotional sweepstake or a contest in Italy? Did you know that prize promotions in Italy are strictly regulated by law? If you want to organize a prize promotion in Italy in a fase and legal way just have a look at this! We have summarized for you the main topics of the law and the rules in order to avoid any risky situation and very expensive fines!

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Page 1: Sweepstakes and Contest in Italy

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

SWEEPSTAKES AND CONTESTS IN ITALY

WHAT YOU SHOULD KNOW TO ORGANIZE A PRIZE PROMOTION IN A SAFE AND LEGAL WAY

Page 2: Sweepstakes and Contest in Italy

BACKGROUNDIn Italy, prize promotions are strictly regulated by law (DPR 430/2001).The decree regulates all kinds of Prize Draws or Competitions: the promises of prizes that are aimed at the public, within Italy, and have the main purpose of promoting products, services, companies, brands, or the selling of specific products, or services.

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Prize promotions include:

Contest/CompetitionPrize Draw/Sweepstakes

Gift with puchaseDealers incentive

Page 3: Sweepstakes and Contest in Italy

TO ORGANIZE A PRIZE PROMOTIONS IN ITALY YOU NEED TO KNOW THE LAW AND FOLLOW

THE RULES BECAUSE

THE CONTROLS ARE ACCURATE

AND THE FINES ARE VERY EXPENSIVE

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 4: Sweepstakes and Contest in Italy

ITALIAN LAW – KEY INFORMATIONWhat you need to know about DPR 430/2001

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 5: Sweepstakes and Contest in Italy

N° 1: PROMOTERThe promoter of a prize promotion must be an Italian company.If the company doesn’t have an headquarter in Italy, it can organize the prize promotions by means of an Italian fiscal representative.

N° 2: APPOINTED AGENCYThe Promoter can appoint a promotional agency to work as its substitute for the necessary fulfillments required by law ( e.g. filing of the documents and requiring the insurance policy for the promotion).

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 6: Sweepstakes and Contest in Italy

N°3: TIMING Italian law requires Prize Promotions must be communicated to the Authorities at least 15 days before the promotion starts;

N°4: GUARANTEE ON PRIZESThe 100% value of the prize pool must be guaranteed by an Insurance/Bank Policy. Copy of this guarantee must be shown to Authorities with the T&Cs at least 15 days before the promotion starts;

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 7: Sweepstakes and Contest in Italy

N°5: SERVER FOR ONLINE PROMOTIONSIn case of Online Prize Promotions, the server collecting the entries must be located in Italy. If the server is abroad, the registrations must be mirrored real time from the external server to the Italian server.

N°6: ASSIGNMENT OF PRIZESIt must be done at the presence of a Notary/Public Officer who supervises the whole procedure of the selection of the winners.

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 8: Sweepstakes and Contest in Italy

N°7: CHARITYPrizes not claimed or not assigned must be delivered to the Charity mentioned in the T&Cs.

N°8: OFFICIAL CLOSURESweepstakes must be “closed” officially at the presence of a Notary or of a Public Officer who verifies that all the prizes have been given away according to the T&Cs;

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 9: Sweepstakes and Contest in Italy

N°9: FISCAL DUTESTaxes on prizes and fiscal duties are on the Promoter’s responsibility. These have to be paid directly by the promoter or its fiscal representative:

– 25% (withholding tax) calculated on the net value of the prize +

– VAT not deductible for invoices issued for prizes

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 10: Sweepstakes and Contest in Italy

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

AUTHORITY CONTROLS AND FINESWhich are the risks if you don’t follow the rules?

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 11: Sweepstakes and Contest in Italy

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

CONTROLSAuthorities are always allowed to make controls on Prize Draws and Competitions and to issue fines in case it’s necessary”.

Controls are very strict in Italy and can be made by:

AUTHORITIES

COMPETITORS

CONSUMERS

Page 12: Sweepstakes and Contest in Italy

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

RISKY SITUATIONSAuthorities are very rigorous in the controls, so it’s highly recommended to follow the rules exactly and to avoid risky situations in order not to be fined. For example, your company can risk a fine if:

• Your server is not based in Italy (or not mirrored)• The promotional website is temporary unavailable ( in Italy, the promoter is

responsible for the website and may be punished in case of unavailability, even for a couple of minutes);

• Prizes are delivered more than 180 days;• The promotion is cancelled or postponed (after the communicated starting date)• The winners selection is not made at the presence of a public officer

Page 13: Sweepstakes and Contest in Italy

FINES

Unfortunately, fines are extremely high in Italy:

• from €2.000 to €10.000 for the late communications to the authorities

• from €50.000 to €500.000 for the rest of the infractions

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 14: Sweepstakes and Contest in Italy

PROMOSFERA SRL- Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

To avoid any risk, it’s important to rely on a marketing agencyspecialized in Italian prize

promotions.

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 15: Sweepstakes and Contest in Italy
Page 16: Sweepstakes and Contest in Italy

Who we are

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

• A team of consultants specialized in prize promotions management

• More than 1000 prize promotions managed up today.

• In Italy, Europe and not EU countries

• A turn-key service

Page 17: Sweepstakes and Contest in Italy

Our servicesCONTESTS REGISTRATION IN ITALYINTERNATIONAL PROJECTSMONEY BACK GUARANTEED PROMOTIONSSOFTWARE FOR PRIZE PROMOTIONSWINNERS MANAGEMENTLOGISTICSPRIVACY CONSULTANCYTAX CONSULTANCYCREATIVITYCO-MARKETING

PROMOSFERA SNC - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

Page 18: Sweepstakes and Contest in Italy

PROMOSFERA SRL - Via G. Giusti 65/A, 21019 – Somma Lombardo (VA) - Tel-Fax 0331 252144 - P.I. 02250050024

If you need more informations:[email protected]