Q&As

If a promoter offers a mystery box of prizes with an £x amount retail value, is this permitted under the Gambling Act 2005, Gambling Commission and Advertising Standards?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 20 July 2022
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For the purposes of the Gambling Act 2005 (GA 2005), gambling covers ‘gaming’, ‘betting’ and participating in a ‘lottery’ according to GA 2005, s 3:

‘Gaming’ is defined at GA 2005, s 6 as playing a game of chance for a prize. A game of chance includes:

‘…(i) a game that involves both an element of chance and an element of skill,

(ii) a game that involves an element of chance that can be eliminated by superlative skill, and

(iii) a game that is presented as involving an element of chance, but does not include a sport.

There needs to be an element of chance and the possibility of winning a ‘prize’.’

The Q&A does not specify in what context the mystery box of prizes is being offered. If it is a prize that would be obtained by participating in a game of chance as

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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United Kingdom
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