Q&As

In a prize promotion, is the nature of the prize relevant to an assessment of whether the promotion is an illegal lottery?

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Published on LexisPSL on 31/05/2019

The following TMT Q&A provides comprehensive and up to date legal information covering:

  • In a prize promotion, is the nature of the prize relevant to an assessment of whether the promotion is an illegal lottery?
  • Lotteries
  • Nature of the prizes

In a prize promotion, is the nature of the prize relevant to an assessment of whether the promotion is an illegal lottery?

Lotteries

Under the Gambling Act 2005 (GA 2005), most types of lotteries are illegal (except for the National Lottery and small, private, society and local authority lotteries) and can only be lawfully operated under a lottery operating licence.

GA 2005, s 14(2) provides that the three elements of a lottery are:

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