Contests and Competitions

Since contests and competitions may resemble a lottery or lottery-like undertakings as defined in art. 43, item 2, of the Swiss Lottery Ordinance (LV), the following distinction must be made between legal and illegal competitions:

Competitions and contests with prizes are permitted, provided that:

However, no contests or competitions are permitted that require payment of a fee or are subject to obligation to purchase, and whose purchase or extent of winnings significantly depends on chance or on circumstances unknown to participants. Such games are deemed lottery-like events as defined in art. 43, item 2, of the Swiss Lottery Ordinance (LV).

The Swiss Federal Court does not consider payment for the transfer of competition documents (phone charges, postage) to request a competition form, or for mailing in a solution to represent an obligation to purchase, whereas. participation requiring a text message to be sent to a value-added number or a call to a premium-charge telephone number (a so-called provider share) is deemed to represent such an obligation. It should also be noted that anyone participating in the competition free of charge must have exactly the same chance of winning as fee-paying participants or individuals who participate after concluding a transaction. Any participant must be fully aware at all times of their option to participate at equal chances of winning.

Comlot will report to the criminal prosecutor anyone who operates illegal competitions or contests in Switzerland. . The prosecutor may confiscate players' stakes or winnings in the context of a lawsuit against operators whose activities are illegal under Swiss law.

Cantonal prosecutors investigate and adjudicate any violations according to art. 47 of the Swiss Lottery Act (LG). While Comlot does not have the power to prosecute, it will report to the prosecutor any violations of Swiss law.