Ask a lawyer on the topic of Media law

Sudoku with the possibility of winning

April 14, 2011 | 25,00 EUR | answered by Jan Wilking

I would like to offer a Sudoku puzzle in a daily newspaper on a weekly basis, and give solvers the opportunity to call a 0900 number to enter the (marked) correct numbers on a telephone and participate in a draw for e.g. €500. Some local newspapers already do this. What laws need to be observed in this case?

Jan Wilking

Dear seeker of advice,

I am happy to answer your inquiry taking into account your description of the situation and your contribution as follows:

Legal regulations regarding sweepstakes are spread across various laws (e.g. Criminal Code, Civil Code, Law against unfair competition, Federal Data Protection Act, state treaties, youth protection regulations). There is no conclusive regulation. Rather, depending on the type of sweepstakes, the individual regulations from different laws must be combined. Which provisions would apply in your specific case cannot be conclusively assessed within this initial consultation. However, particular attention must be paid to transparent terms and conditions of participation and compliance with data protection regulations.

However, since you are planning for participation to only be possible through a premium-rate 0900 number, there is a risk that your project will be classified as gambling. The fact that the winner is determined by drawing lots means that the prize depends predominantly on chance. In addition, a stake must be paid for participation (fee for the 0900 number). Even a stake of 50 cents is sufficient to classify a sweepstake as a licensed gambling activity, see Administrative Court Munich, judgment of 03.03.2010 - Ref .: M 22 K 09.4793 and Administrative Court Ansbach, decision of 15.06.2010 - Ref .: AN 4 S 10.00573.
Public gambling activities may only be organized or brokered with permission from the competent authority of the respective state. Organizing and brokering without this permission (unauthorized gambling) is prohibited, § 4 Interstate Treaty on Gambling.

Therefore, you should first contact the relevant authority and clarify whether a permit under the gambling treaty is required. Otherwise, there is a risk that you may be held criminally liable for unauthorized organization of a gambling activity (§ 284 Criminal Code).

I hope to have provided you with an initial helpful orientation. If you have any uncertainties, please use the free inquiry function.

Please note that within the scope of an initial consultation without knowledge of all circumstances, I cannot provide a conclusive advice. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while providing access to all relevant documents.

Yours sincerely