International Series: Say “Oui” to a Sweepstakes in France!
We have a lot of clients running promotions internationally – some, running in the US and other countries, and others open and advertised only to residents of specific countries (like, France!). Either way you choose to include residents of other countries in your sweepstakes or contest, you’re going to want to be very sure your promotion is within the regulations set forth for the specific countries you’re including.
Since, we just helped out a Client with a promotion open to French residents, we thought we’d focus on France this time around.
OFFICIAL RULES & BASIC ENTRY REQUIREMENTS
Among other things (ensuring a compliant structure and proper standard legal language, time zone requirements, etc.), all rules must be translated in French.
Entrants must express consent to enter and confirm agreement and understanding of the official sweepstakes rules. And, any ambiguity about the role of Sponsor or administrators must be removed.
Promotion may be required to be filed with French bailiff prior to promotion start.
REIMBURSEMENT TO ENTRANTS
Depending upon the nature of the promotion, and if requested by an Entrant, Sponsor may be required to reimburse entrants for postage, telephone and internet connect costs related to participation in sweepstakes.
PENALTIES FOR NON-COMPLIANCE
There are specific rules relating to the operation of the promotion. Breaches of these rules could be punishable under the French Consumer Code, with maximum administrative fines of €75,000 (around $80k USD). Our French counsel has advised compliance, as France has been known to enforce their sweepstakes and contest related guidelines.
HOW WE CAN HELP
NSC has years of experience administering sweepstakes and contests in countries all over the world. We will ensure the promotion structure is compliant and rules are written in accordance with the laws of the applicable countries included, handle all necessary translations, obtain registrations, permits and handle all applicable submissions to agencies, and facilitate the administration of all other promotion elements, including winner selection, winner notification, prize procurement, fulfillment and tax paperwork.
In order to ensure the utmost compliance with any promotion running in another country, we have established relationships with excellent attorneys worldwide.