Advertising Code for Games of Chance Offered by Licensees, by Virtue of the Betting and Gaming Act 2015
Advertising the games of chance provided by Licensees under the Dutch Betting and Gaming Act is, without prejudice to the general section of the Dutch Advertising Code, subject to the following special advertising code. This code applies without prejudice to advertising games of chance of the licensees by beneficiaries.
Article 1. DEFINITIONS
The following should be understood to mean in this code:
Beneficiary: (co-)party, receiving the benefit of the result of a game of chance;
Game(s) of Chance: a game in which there is the opportunity to compete for prizes and premiums, where winners are randomly selected and, generally speaking, chances to win are not influenced by the players;
Games of Chance Provider: organization, licensed under the Dutch Betting and Gaming Act;
Minors: persons who have not yet reached the age of 18.
Games of Chance Advertising: advertising within the meaning of Article 1 of the Dutch Advertising Code directed at or resulting in the increase of the renown of Games of Chance Providers and getting persons interested in participating in Games of Chance.
2. IDENTITY OF GAMES OF CHANCE PROVIDER
The Games of Chance Provider ensures that it is clear that any Games of Chance Advertising originates from a Games of Chance Provider.
3. DISHONEST ADVERTISING
Games of Chance Advertising shall not be dishonest within the meaning of Article 7 of the Dutch Advertising Code. Inter alia not in respect of the elements stated below:
a. the characteristics or chances of winning a prize in the Games of Chance provided. Dishonest in this case is for instance:
1. suggesting that a participant already won a prize or will win a prize by performing a certain action, when he only has a chance to win.
2. suggesting that by merely activating a code a participant has an extra chance to win, whereat it is not made clear that the activating involves that the participant buys an extra lottery ticket;
3. suggesting that a draw is made every hour while every hour winners are announced the draw of whom took place at another time;
4. suggesting that a prize will always be won, whereas the draw can also be of unsold lottery tickets;
5. causing or leaving ambiguity whether a draw or benefit only applies to new participants or also to existing participants;
6. suggesting that a specific sum of money can be won with each participation or lottery ticket, whereas such sum can only be won if an option is bought in addition;
7. offering free participation whereat it is not sufficiently clearly stated that one can only participate for free if consent is given for being contacted by phone by the Games of Chance Provider.
b. the commitment of the participant such as the payment obligation, the number of draws or the form of contract. Dishonest in this case is for instance:
1. not or not sufficiently clearly stating what the duration of the participation is and/or whether it concerns, for instance, a one-time participation, a short-term subscription which ends by law (whether or not as introduction) or a subscription until further notice.
2. giving ambiguous information about the prize of a lottery ticket.
c. the benefits for the participant. Dishonest in this case is for instance:
designating a product, service or lottery ticket as free or as gift:
• without specifying in the offer that the participant only gets such a product, service or lottery ticket for free if he decides to purchase it; and/or
• if its value has been discounted in the sum to be paid by the participant for the compulsory purchase; and/or
• if it is not or not sufficiently clear that a free lottery ticket or participation automatically converts into paid participation.
4. SENSIBLE PARTICIPATION
Games of Chance Advertising shall only be directed at sensible participation and getting persons interested in the offered Game of Chance.
Games of Chance Advertising shall not induce excessive participation. This is the case inter alia when:
a. setting excessive participation as an example or trivializing this;
b. suggesting that participation in Games of Chance can be a solution to financial or other problems.
Excessive participation is understood to mean risky gaming behaviour which may lead to gaming addiction.
Free counters for casino games or slot machines shall not be distributed through national newspapers or free local papers with a national reach.
Without prejudice to that provided in this code or elsewhere in the Dutch Advertising Code, information shall be given in a manner sufficiently visible to the consumer with each individual canvassing or advertising activity about:
a. the minimum age for participation in a Game of Chance;|
b. as per July 1, 2015 the slogan ‘Speel bewust’ (Play consciously) has been introduced;
c. the internet page of the Games of Chance Provider.
On the internet page of the Games of Chance Provider information can be obtained and perused regarding:
I. the specific features of the Games of Chance provided;
II. the costs of participation;
III. other obligations related to participation or winning a prize;
IV. the ban on participation by Minors;
V. how to participate in a sensible way in games of chance, the risk of addiction to games of chance and where to find assistance in case of addiction to games of chance;
VI. what the risks are of excessive participation in Games of Chance;
VII. the form of participation: does it concern a one-time participation or a subscription;
VIII. the manner of terminating the participation in Games of Chance;
IX. the manner in which the participant can easily unsubscribe to addressed advertising mail with the provider;
X. the guarantee of privacy of the prize winners;
XI. the manner in which winners of big prizes can get independent advice about financial and legal matters;
XII. the development of the game, the (statistical) chances to win the different prizes, unless this is not feasible in practice, the determination of profit, the possible withholding of games of chance tax;
XIII. the notice participants who have given permission for payment by direct giro of banking debit, can expect one month ahead, about a price increase or other changes in the game conditions;
XIV. volume and allocation of the profits of the Games of Chance. This point does not apply to operators of slot machines
Owners of a presence license for games of chance machines shall not advertise any Games of Chance provided by them under Article 30c(1)(a) of the Dutch Betting and Gaming Act.
5. COOPERATION OF PARTICIPANTS IN ADVERTISING
Prize winners are not obliged to cooperate in any form of Games of Chance Advertising. Nor shall it be suggested in Games of Chance Advertising that this would be any different.
Games of Chance Providers can ask prize winners to cooperate of their own free will.
6. VULNERABLE GROUPS
Games of Chance Advertising shall not be specifically directed at socially vulnerable persons.
A Games of Chance Provider shall not specifically target for instance Minors and persons he knows to present characteristics of risky gaming behaviour, e.g. because such persons are known to the provider as having an active ban on entry or participation in Games of Chance by reason of gaming problems. Socially vulnerable persons cannot be prevented from being faced with unaddressed advertising. In that case paragraph 3 of this article applies to such advertising.
Socially vulnerable persons are in any case Minors, games of chance addicts and persons presenting risky gaming behaviour.
Games of Chance Advertising does not take advantage of the specific weaknesses or needs of socially vulnerable persons.
In Games of Chance Advertising no products or services of third parties are used which are specifically directed at and appeal to (groups of) socially vulnerable persons.
Advertising combined with products e.g. for young persons is not allowed. What comes to mind are football cards combined with lottery tickets. It concerns specific targeting of the product or service at such a group. A supplementary condition is that the product must also appeal to such group.
Games of Chance Advertising shall not be directed at Minors. This is usually complied with by not depicting persons who are or seem to be younger than 18 years, without need, in Games of Chance Advertising. If it is allowed to sell lottery tickets and they are actually sold by Minors (such as at Scouting Netherlands, Jantje Beton and the Grote Clubactie) it is allowed to depict such Minors save this does not promote participation by Minors in the Game of Chance.
No Games of Chance shall be advertised by means of and relating to media specifically directed at Minors, or parts of such media (inserts, annexes, special radio and television shows, cinema movies etc.).
Games of Chance Providers are not allowed to sponsor activities of third parties or radio and/or television shows with the exception of a neutral reference to sponsorship of media offering, mainly or explicitly directed at Minors, save the sponsorship is exclusively meant to motivate Minors to commit themselves in the interest of their organisation, school, club or association to the canvassing of adult participants in Games of Chance.
Games of Chance Advertising is not allowed on billboards, swanks, bus shelters and municipal advertising columns and objects with a similar purpose placed within (sight of) training institutes mainly attended by Minors. Games of Chance Providers shall exclude such locations in their contracts with operators of outdoor advertising.
If such advertising is placed in the proximity of a field on which incidentally an event for Minors takes place, then the advertising does not have to be removed.
No sampling shall take place to Minors or at gatherings which are mainly or exclusively attended by Minors.
Without prejudice to that stated elsewhere in this code, the owner of the license for organizing a casino under Article 27h(1) of the Dutch Betting and Gaming Act and the owners of a license under Article 30c(1)(b) of the Dutch Betting and Gaming Act shall not make any advertising specifically directed at persons older than 18 years but younger than 24 years.
Linear television services shall not include any Games of Chance Advertising between 6:00 a.m. and 7:00 p.m. In order to avoid any misunderstanding: neither in the form of teleshopping messages. However, contrary to this a neutral reference to the sponsorship of media offering is allowed during such time.
7. ENTRY INTO EFFECT
This Code has been reviewed and entered into effect as from 1 January 2015.
The Code applies to advertising Games of Chance provided by licensees under the Dutch Betting and Gaming Act applicable at the time of entry into effect of this Code.
If said Act is amended and (new) licensees are allowed also to provide distance games of chance, the code will be evaluated and the scope and content will be laid down in more detail in consultation with all the licensees under the new Act.