Legislative Advertising Lotteries
LexInter | September 25, 2019 | 0 Comments

Legislative Advertising Lotteries

CONSUMER CODE (Legislative Part)

Section 6: Advertising lotteries

Article L121-36

Modified by LAW n ° 2011-525 of May 17, 2011 – art. 45

Advertising operations carried out in writing which tend to give rise to the expectation of a gain attributed to each of the participants, whatever the methods of the drawing of lots, can only be carried out if they do not impose on the participants any financial compensation or expenditure in any form whatsoever. When participation in this transaction is conditional on an obligation to purchase, the practice is only illegal to the extent that it is unfair within the meaning of Article L. 120-1 .

The entry form for these operations must be separate from any order form for goods or services.

Note under Court of Cassation, Criminal Chamber, October 30, 1995, Lachaume and others, Misse, Brigitte, La Gazette du Palais, n ° 213, 07/31/1996
Article L121-37
The documents presenting the advertising operation must not be of such a nature as to cause confusion with an administrative or banking document made out in the name of the recipient or with a publication of the information press.
They include a readable inventory of the lots involved specifying, for each of them, their nature, their exact number and their commercial value.
They must also reproduce the following statement: “The settlement of transactions is sent, free of charge, to any person who requests it”. They also specify the address to which this request can be sent as well as the name of the ministerial officer to whom the said regulation has been filed in application of article L. 121-38.
Article L121-38
The regulations of the transactions as well as a copy of the documents sent to the public must be deposited with a ministerial officer who ensures their regularity. The above-mentioned payment is sent, free of charge, to any person who requests it.
Article L121-39
A Council of State decree specifies, as necessary, the conditions for presenting the documents mentioned in the first paragraph of article L. 121-37.
Article L121-40
Violations of the provisions of this section may be noted and prosecuted under the conditions set by articles 45, first and third paragraphs, 46, 47 and 52 of ordinance n ° 86-1243 of 1 December 1986 relating to the freedom of price and competition.
Article L121-41
(Law n ° 92-1336 of December 16, 1992 art. 322, art. 331 Official Journal of December 23, 1992 in force on March 1, 1994) (Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22 2000 effective January 1, 2002)

The organizers of the operations defined in the first paragraph of article L. 121-36 who do not comply with the conditions required by this section will be punished with a fine of 37,500 euros. The court may order the publication of its decision, at the expense of the convicted person, by any appropriate means. In the event of a particularly serious infringement, he may order it to be sent to all the persons called upon by said operations. When he orders it to be displayed, it is done under the conditions and under the penalties provided for by article 131-35 of the penal code.

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