The term promotional games is used for price drawings, audience competitions and games organised in connection with the marketing of a product. They can be free, in which case it is possible to take part through SMS or via the internet, or subject to an obligation. With games subject to an obligation, participation is possible only through purchasing the product or submitting an offer for it.
Conditions for taking part in prize drawings, audience competitions and games should be clear, unambiguous and easily available. The commercial purpose of the marketing and commissioning party it should be clearly indicated.
Marketing material must state the following aspects:
The rules must be included in all marketing material. If information on a price drawing is provided in a way that does not enable the individual to take part in it immediately (e.g. on TV), detailed instructions do not need to be provided in that context. The marketing must, however, clearly indicate where the instructions can be found.
Promotional games may not constitute the main message of advertising, as the consumer must have the opportunity to make the purchase decision based on information concerning the product. Excessive focus on prizes and the opportunity to win something is inappropriate in advertising, as it can result in the consumer buying a product that they would not have bought without the hope of winning in the game.
An arrangement where participation in a game requires the provision of personal contact information for the purposes of direct marketing through electronic means is not acceptable. The consumer must be able to independently decide whether or not they wish to submit their personal information for such use. The consumer also retains the right to refuse direct marketing after having provided this information.
A greater degree of dependability and correctness is required from the marketing of certain product groups. These include products and services related to health care and medical care and loans. Linking games to procedures such as eye surgery or the marketing of consumer credit and student loans has been deemed inappropriate.
Children are not necessarily able to assess the content of the message used in marketing. In addition, they do not have the capacity to understand the rules of promotional games and the likelihoods of winning prizes in the same way as adults. For these reasons, children cannot be the target group of promotional games or competitions where participation is enabled through the purchase of a product, even though an option to take part with no obligation to buy would also be offered.
Prizes in promotional games targeting minors must be age appropriate. In other words, the prize cannot consist of an X-rated product, such as a movie or console game with such rating.
The Lotteries Act lays down provisions on lotteries based on a charge (e.g. money lottery). Lotteries governed by the law can only be organised by a non-profit corporation whose registered office is in Finland. The licensing authority is the National Police Board.
Guidelines for Consumer Protection: Promotional games