REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES [ S.L.350.22 SUBSIDIARY LEGISLATION 350.22 REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES 28th November, 2008 GOVERNMENT NOTICE 1051 of 2008, as amended by Act XVI of
- The title of these requirements is the Requirements as to Standards and Practice applicable to the Conduct of Competitions and the Award of Prizes.
- Purpose 1.1 These Requirements as to Standards and Practice have been made by the Broadcasting Authority in virtue of article 20
(3)of the Broadcasting Act, Chapter 350 of the Laws of Malta. 1.2 Amended by: XVI.
- Fourth Schedule. The purpose of these Requirements is to provide for: 1.2.1 the general conduct of competitions held on the broadcasting media whether television or radio; and 1.2.2 the award of prizes to participants in those programmes carried on any means of broadcasting whereby such participants take part in competitions in any of the following ways: i. ii. iii. iv. 1.2.3
- Citation. by televoting, by phone-ins, by being present for the programme as a member of the studio audience, or by writing (including by e-mail or fax). Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with. Cap.
- Definitions 2.1 "Participant" means any person who in any manner whatsoever participates in a competition held during the course of a programme on any means of broadcasting.
- Conduct of Competition 3.1 Competitions should be conducted fairly and according to rules. Competition rules should be made known to participants and prizes should be described accurately. 3.2 The questions should preferably have a clear thematic connection with the programme in which they appear. If they refer to the products or services of the prize manufacturer or donor, they should be considered as an advertisement and the words "Messaġġ P rom o z z j on a li " should appear o n the sc re en i n the cas e of television programmes, whilst in the case of radio programmes, the Amended by: XVI.2018.Fourth Schedule. 1 2 [ S.L.350.22 REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES broadcaster should announce the competition with the words, "Issa ngħaddu għall-kompetizzjoni li hi parti minn messaġġ promozzjonali". 3.3 Where a prize includes the payment of a tax as is, for instance, the case of an airline ticket, it has also to be indicated that the payment of due taxes has to be made. Cap.
- Amended by: XVI.
- Fourth Schedule. Cap.
- Amended by: XVI.
- Fourth Schedule. 3.4 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Mention of brand or prize donor 4.1 Advertisers may donate prizes which may be their own products and/or services. Where editorially justified, there may be mention of the brand of the prize or prize donor, which may include brief factual and/or visual references no longer than 7 seconds. Descriptions should avoid promotional statements. 4.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Responsibility of the Broadcaster 5.1 The broadcaster on whose station a programme is transmitted during which prizes are awarded, shall be directly responsible for the competition including for the award of the prizes to the winning participant. 5.
- The broadcaster shall ensure that prize-winners are announced during the next edition of the programme following the conclusion of the competition or, in the case of a competition concluded at the end of a programme schedule, during the final programme in that schedule. The prize shall be awarded to the prize-winner within one calendar month of the announcement of the prize-winner/s of the competition. 5.3 It shall be the responsibility of the broadcaster to ensure that the prizes as advertised during such a programme are duly delivered to the winning participant. Cap.
- Amended by: XVI.2018.Fourth Schedule. 5.4 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Award of vouchers as prizes 6.1 When the prize consists of a voucher, then the winner of that prize shall be entitled to the full value of that voucher without the need of incurring any extra expense to have benefit of the voucher. 6.2 When the prize consists of a voucher but is given in goods and/or services, the goods and/or services given shall be equivalent to the total value of the voucher. 6.3 No discount on the purchase of a produce or service is allowed. REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES [ S.L.350.22 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Cap.
- Cost of telephone call and sms to be made known 7.1 Where the cost of a telephone call or sms is higher than the normal published tariff, then any promotions for the competition however so carried or advertised shall state the cost of the call or sms, as the case may be. If a proportion of the cost of the call or sms, as the case may be, is intended for any non-profit making cause, then that proportion must also be specified.
- Confidentiality 8.1 The broadcaster shall ensure that there shall be no breach of confidentiality and no participant shall be given any advantage over other participants.
- Long or complex rules 9.1 Competitions shall not feature long or complex rules.
- What information must be provided 10.1 Promotional material about the competitions must clearly provi de in fo rm ati on wh ich i s li kel y t o affect a d ecisi on to participate, and shall in any case include the following: i. Any closing date, ii. Any significant terms and conditions, including any restriction on the eligibility to participate, Amended by: XVI.
- Fourth Schedule. iii. An adequate and unequivocal description of prizes to be won, iv. How and when prize-winners will be informed. 10.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Closing date 11.1 Competitions must have a closing date, except where there are instant prize-winners. 11.2 Provided that in the exercise of this regulation, the Gaming Act and the regulatory instruments made thereunder applicable to it, shall be complied with.
- Prohibition of employees etc. 12.1 Persons who are either employees of the broadcaster, advertising agents, the competition’s sponsors, or people who are directly involved in the production or presentation of the programme in which the competition is carried, or who form part of the immediate family of such persons shall automatically be disqualified from participating in any competition carried on that station.
- Quizzes 13.1 When a quiz is held, broadcasters are to ensure that no Cap.583 Amended by: XVI.
- Fourth Schedule. 3 4 [ S.L.350.22 REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES question is asked with regard to a specific commercial product or service and that any question asked does not, either directly or indirectly, relate to a commercial product or service. 13.2 For the purposes of this paragraph a commercial product or service includes reference to a brand name or a company or a c o m m e r c i a l e n t e r p r i se w h i ch i m p o r t s , s e l l s , d i s t r i b u t e s o r otherwise produces any product or service.