Raffle on a commercial website
January 5, 2010 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I would like to ask you about how it looks on a commercial website (fitness studio) when hosting a contest. The studio is located in a town with 5000 residents and is well-known within a 40 km radius.
My idea (since I am responsible for this website):
To hide small eggs in different sections for Easter, each with a letter... All eggs together form a solution word. This solution word can then be sent via email to the fitness studio.
As a prize, for example, a bottle of Ramazotti or a voucher for the sauna or a voucher for the bar. No cash prize / car etc., just small items.
In case of multiple submissions, the fitness studio team will draw the winner.
I do not want to take any risks, that's why I am asking you.
Thank you very much.
Sincerely,
Klaus Löhnert
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the information provided:
To make a final assessment of your inquiry, a more detailed understanding of the structure and execution would be necessary. Based on the information you have provided, I can inform you that there are no concerns regarding the implementation of the game.
From your description, it appears to be more of a competition rather than a lottery. However, this distinction is not legally significant. The only issue that could arise is if you were to venture into the realm of illegal gambling. According to § 284 of the Criminal Code, this is generally punishable without the appropriate official approval.
For it to be considered gambling, you or the fitness club operator would have to receive a stake, such as money, for participation. This is not the case in your situation from what you have described. It seems that membership in the fitness club is the only requirement for participation, without any additional stake. Therefore, I see no issues from this perspective, and you can proceed with the game without concerns.
I would like to point out the following:
The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment, and a comprehensive examination of the facts is necessary. Adding or omitting relevant information could lead to a completely different legal assessment.
I hope my explanations have been helpful, even though I regret not being able to provide a more positive message. Please feel free to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Tuesday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
