The following TMT Q&A produced in partnership with Helen Hart of Institute of Promotional Marketing provides comprehensive and up to date legal information covering:
Until 2005, ‘no purchase necessary’ (sometimes referred to as NPN) routes were a common feature of the promotional marketing landscape across the UK. A payment for a product was considered as potentially a payment to enter a promotion, which could have rendered it an illegal lottery under the Lotteries and Amusements Act 1976 (LAA 1976).
In Reader’s Digest Association Ltd v Williams, the court clarified that there are three elements to a lottery:
for a chance
to win a prize where the prize is distributed by chance
In Imperial Tobacco Ltd v A-G, the court confirmed that paying for goods or services amounted to payment in this context.
In 2005, the Gambling Act 2005 (GA 2005) came into force in England, Scotland and Wales and repealed LAA 1976. It confirmed the test in the Readers Digest case but changed the law so that payment for a product would not automatically be a payment to enter.
As a result, in Great Britain, running a prize promotion without a skill element where, in order to enter, consumers must buy a product at its usual price, would not be an illegal lottery because the purchase would not be considered to be a payment to enter. This is provided that there is no reduction in the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers'
0330 161 1234