PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 30, 2003 No. 51

About holding advertizing games in the Republic of Belarus

For the purpose of enhancement of procedure for holding advertizing games in the Republic of Belarus and ensuring protection of the rights and legitimate interests of citizens I decide:

1. Approve Regulations on holding advertizing games in the territory of the Republic of Belarus it (is applied).

2. To Council of Ministers of the Republic of Belarus in two-month time:

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for accomplishment of provisions of this Decree.

3. This Decree becomes effective from the date of its official publication, except for Item 1, becoming effective in two months after official publication of this Decree.

Approved by the Presidential decree of the Republic of Belarus of January 30, 2003 No. 51

Regulations on holding advertizing games in the territory of the Republic of Belarus

1. This Provision determines procedure for holding advertizing games in the territory of the Republic of Belarus.

2. In this Provision following terms have the following values:

prize – the prize funds of advertizing game or its part issued (provided) by the organizer of advertizing game after the draw of prize fund of advertizing game to her participant (participants) recognized won (recognized won) advertizing game in accordance with the terms of its carrying out (further – the winner (winners) determined by rules of holding advertizing game;

the interested person – the organization or physical person which are not the organizer of advertizing game, but participate in forming of prize fund of advertizing game by introduction in it of money and (or) other property, including gift certificates, performance of works and (or) rendering services on advertizing distribution terms about them, about their goods (works, services) or holding advertizing game for the purpose of sales promotion of their goods (works, services). The physical persons who are not the individual entrepreneurs, handicraftsmen, persons performing in accordance with the established procedure activities for rendering services in the field of agroecotourism can introduce in prize fund of advertizing game only literary works or arts, other intellectual property items (right to use of intellectual property items);

the organizer of advertizing game (further – the organizer) – the organization or the individual entrepreneur registered in the Republic of Belarus, performing activities for production and (or) realization of the goods (works, services) stimulated by advertizing game or the rendering services in the organization and holding advertizing games based on the agreement and also representative office of the foreign organization;

prize fund of advertizing game (further – prize fund) – the cash amounts and (or) other property determined by the organizer (works, services), including the gift certificates intended for issue (provision) to the winner (winners);

advertizing game – organization activity or individual entrepreneurs, performed by them for the purpose of sales promotion of goods (works, services) and providing draw of prizes between participants of advertizing game, except for to the activities specified in item 4 of this provision;

the participant of advertizing game – the physical person ordering, acquiring and (or) using the goods stimulated by advertizing game to realization (works, services) only for the personal, family, house and other needs which are not connected with implementation of business activity, who is meeting the requirements of rules of holding advertizing game and expressed desire to participate in advertizing game on the conditions provided in rules of its carrying out. The face consisting in employment relationships with the organizer, the spouse (spouse) of such person, his close relatives, persons who are with it in the property relations and also persons borrowing in the organization which is the interested person, executive positions * cannot be the participant of advertizing game;

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* For the purposes of this Decree persons borrowing in the organization which is the interested person, executive positions are understood as persons holding the position of the head or deputy manager of the organization, other worker performing organizational and administrative (leading, organizing, directing, coordinating and controlling) functions in relation to the organization, its structural divisions, workers and activities.

draw of prize fund – the procedure established by rules of holding advertizing game providing recognition of the participant (participants) of advertizing game by the winner (winners) from among participants of advertizing game who the first satisfied the conditions provided in rules of holding advertizing game or as a result of the accidental choice.

3. It is forbidden to hold advertizing games:

for the purpose of sales promotion of alcoholic, low alcohol beverages, beer, tobacco products, medicines, attraction to participation in gamblings;

in the form of answers to questions;

in the form of task performance, not connected with the order, acquisition or use of goods (works, services);

to persons who cannot be organizers according to this Provision.

4. Are not advertizing games:

advertizing campaigns in the form of the goods (works, services) of actions which are carried out for the purpose of sales promotion in the course of which all their participants who satisfied conditions, established by the organization holding these events or the individual entrepreneur, and also representative office of the foreign organization receive identical gifts;

lotteries;

loans, deposits (deposits), securities, condition of additional payment on which is the draw during which the won persons are in a random way determined;

tenders and other similar actions participation in which does not require implementation of the order, acquisition or use of goods (works, services) and (or) submission of the documents confirming their order, acquisition or use including which are carried out:

in mass media the legal entity to who functions of editorial office of mass media are assigned;

on Internet resource *, access to which is provided without collection of payment and the conclusion of the agreement, the legal entity or physical person which is the owner of this Internet resource.

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* For the purposes of this Decree the terms "Internet resource" and "owner of Internet resource" are used in the values determined by article 1 of the Law of the Republic of Belarus of July 17, 2008 No. 427-Z "About mass media".

5. Advertizing games are held according to the rules of holding advertizing games approved by their organizer.

Advertizing games which prize fund exceeds 40 basic sizes on start date of their carrying out are subject to state registration in the Ministry of anti-monopoly regulation and trade.

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