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Grass wedges its way between the closest blocks of marble and it brings them down. This power of feeble life which can creep in anywhere is greater than that of the mighty behind their cannons....... - Honore de Balzac
Hello Stewart
Your email has been forwarded to me for response.
"Gambling" is defined in section 4 of the Gambling Act 2003 (the Act).
"gambling'' —
(a) means paying or staking consideration, directly or indirectly, on the outcome of something seeking to win money when the outcome depends wholly or partly on chance; and
(b) includes a sales promotion scheme; and
(c) includes bookmaking; and
(d) includes betting, paying, or staking consideration on the outcome of a sporting event; but
(e) does not include an act, behaviour, or transaction that is declared not to be gambling by regulations made under section 368
If there was payment, either directly or indirectly, to enter the draw (indirect payment may be if the people had to pay to enter a demonstration or event and the entry entitled them to entry into a draw), then it may be caught by the Gambling Act 2003.
From the information you have provided, it does not appear that people have to pay anything to enter either directly or indirectly. Therefore, it does not appear, from the information provided, to be caught by the Gambling Act 2003.
You may wish to check with other organisations/legislation, such as Consumer or Fair Trading, to see if they have any rules around draws that are not gambling activities.
Regards
Judy #####
Senior Gambling Inspector
Gaming Compliance Unit
The Department of Internal Affairs Te Tari Taiwhenua
Direct Dial: +64 4 495 9466
Fax: +64 4 494 0656
www.dia.govt.nz
"Stewart Farr"
13/03/2007 14:19
To
info@dia.govt.nz
cc
Subject
Competition/Raffle question
If a competition (free entry), does not give away its prize, or tells mis truths about there being a prize.
Is it illegal in NZ?
Reason for my question is that i am forever seeing timeshare (Trendwest etc) based companies running "Giveaways", but i am yet to see them ever present a prize to someone, or announce a winner.
I have been told that since there is no fee for entry, then it is not a gaming problem, and therefore not illegal.
Is this correct?
--
Cheers
Stew
Reactor Online. Sensors Online. Weapons Online. All Systems Nominal.
Dude, you want the lotteries commission and/or the commerce commission.. The DIA only looks after gambling as per their definition.
See Stickchicks post earlier - she's offered to pass something on!![]()
Hi,
You couldn't answer a question for me then? (I can pay in KB Bling).
It's about those phone/text "competitions" where they ask a daft question like "Is that thing in the picture that any kid can tell you is the Eiffel Tower; in A) Paris or B) Berlin?".
Apart from the whole rip-off thing (on my good quality 32" CRT/TV I can't barely read the $5 per text disclaimer) how are these even legal?
They basically seem to be a lottery - which I thought had to be regulated.
Is that simple question (and the ones that follow for more $) all they need to do to make it not a lottery?
(Like, I guess, the competitions from people like coke where they say "fill in the missing letter in [CO_A CO_A]".)
Can I just put an ad in the paper that says "Send $5 to P.O.Box 1234 to be in the draw to win $100, and by the way, tell us who is on a $5 note"?
Sorry, that was more of a rant than a question. Hope you saw it in there somewhere.
Cheers,
Measure once, cut twice. Practice makes perfect.
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