SMS Competitions - Provision of information

Are you planning to create or setup an SMS competition, well we thought we would give you some important info to make sure your SMS competition follows the Rules and Regulations setup by WASPA

1. Any promotional material for a competition service must clearly display the full cost to enter the competition and any cost to the user to obtain the prize.

2. Any promotional material for a competition service must include details of how the competition operates.

3. Interactive competition services with an ongoing incremental cost, must, at reasonable intervals, inform the customer of any additional costs, and must require the customer to actively confirm their continued participation.

4. Promotional material must clearly state any information which is likely to affect a decision to participate, including:

• the closing date;
• any significant terms and conditions, including any restriction on the number of entries or prizes which may be won;
• an adequate description of prizes, and other items offered to all or a substantial majority of participants, including the number of major prizes;
• any significant age, geographic or other eligibility restrictions;
• any significant costs which a reasonable consumer might not expect to pay in connection with collection, delivery or use of the prize or item.
  

5. The following additional information must also be made readily available on request, if not contained in the original promotional material:

• how and when prize-winners will be informed;
• the manner in which the prizes will be awarded;
• when the prizes will be awarded;
• how prize-winner information may be obtained;
• any criteria for judging entries;
• any alternative prize that is available;
• the details of any intended post-event publicity;
• any supplementary rules which may apply;
• the identity of the party running the competition and responsible for the prizes.

6. Competition services and promotional material must not:

• use words such as ‘win’ or ‘prize’ to describe items intended to be offered to all or a substantial majority of the participants;
• exaggerate the chance of winning a prize;
• suggest that winning a prize is a certainty;
• suggest that the party has already won a prize and that by contacting the promoter of the competition, that the entrant will have definitely secured that prize.
  

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Children’s competitions
1. Competition services that are aimed at, or would reasonably be expected to be particularly attractive to children must not offer cash prizes.

2. Competition services that are aimed at, or would reasonably be expected to be particularly attractive to children must not feature long or complex rules.

General provisions
1. Competition services must have a specific closing date, except where there are instant prize-winners. An insufficient number of entries or entries of inadequate quality are not acceptable reasons for changing the closing date of a competition or withholding prizes. Once the closing date for a competition is reached, the advertised prizes must be awarded, notwithstanding the number of entries.

2. Prizes must be awarded within 28 days of the closing date, unless a longer period is clearly stated in the promotional material.

3. All correct entries must have the same chance of winning.

Source: http://www.waspa.org.za/code/codeconduct.shtml

For SMS related services please feel free to visit: http://www.afridesign.com/bulk-sms-email-01.php

Please Note:
The above does not constitute as legal advice, nor are they warranted as legal advice. The various authors, contributors to and editors of the above, shall not be held liable for any consequences that may arise from implementation of these guidlines, or from failure to implement them.