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Order Eha/3084/2011, On 8 November, Which Approves The Basic Regulations Of The Competitions.

Original Language Title: Orden EHA/3084/2011, de 8 de noviembre, por la que se aprueba la reglamentación básica de los concursos.

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TEXT

The development, evolution and diversity of leisure activities is a fact that is evident in all modern societies, constituting an economic area of increasing importance. This implies the need for specific attention on the part of the administration to these activities and a regulation commensurate with its economic and social dimension and impact.

Moreover, the progressive extension of new communication technologies to all social areas has an undeniable impact on the world of leisure, where an important group of users shows preference for develop your options through remote connections.

This set of economic, technological, and social circumstances makes traditional game modes join others.

The passage of Law 13/2011, of May 27, of regulation of the game, has come to establish the regulatory framework for access to the exploitation and development of state-wide gaming activities.

This access is realized through the titles that enable the operators of the game for the exploitation, of a part, of the modalities of the game collected in the Law, through the general licenses and, of each other, of the regulated game types, through the singular licenses.

With this Order, it is necessary to comply with the requirements of prior regulation that, for the granting of the singular licenses, establishes Article 11 of Law 13/2011, of 27 May, of regulation of the game, approving the Basic regulation of competitions.

This new regulation establishes a basic regulation which can be developed by the National Gaming Commission and which will be complemented by the private rules of private character that the various operators will have to develop and propose together with their application for a singular license and finally govern the development of the game and the operator's relations with the participants.

The bases of a regulation aimed mainly at the protection of the participants and the interests of a public nature that converge in the activities of the game, in particular the protection of minors and dependent persons, the prevention of diseases and compliance with the provisions of Law 10/2010 of 28 April 2010 on the prevention of money laundering and the financing of terrorism.

Article 5 of Law 13/2011, of 27 May, of regulation of the game, attributes to the Minister of Economy and Finance the competence to establish, by Ministerial Order, the basic regulation for the development of each game.

In its virtue, I have:

Article 1. Approval of the basic regulations for competitions.

The basic regulations of the state-wide competitions, which are listed as Annex I of this Order, are approved. The provisions of this Order shall be without prejudice to the powers of the Autonomous Communities in matters of planning and regulation of the games and bets developed, in person, in public establishments. dedicated to recreational activities.

Article 2. Limits of the amounts of guarantees linked to the singular license for the exploitation of the contests.

The limits corresponding to the amount of the guarantees linked to the singular license for the holding of the contests, which are listed as Annex II of this Order, are approved.

Article 3. Economic limits applicable to the participation and development of competitions.

The economic limits applicable to the participation and development of the competitions listed as Annex III of this Order are approved.

Final disposition first. Authorization to the National Gaming Commission.

1. The National Gaming Commission is hereby authorised to lay down the provisions necessary for the development and application of this Order, and in particular for the modification of the amounts laid down in Annex III accompanying it.

2. The National Gaming Commission is authorized to adopt all necessary provisions for the development and implementation of the provisions of the Basic Regulations of Concourses.

3. The National Gaming Commission is authorized to establish the procedure governing the granting of singular licenses and the authorization of occasional contest activities, in accordance with the provisions of this Order. Ministerial and in the regulations of the development of Law 13/2011, of 27 May, of regulation of the game. This procedure shall lay down the requirements to be required of operators and the supporting documentation to be submitted by operators.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, November 8, 2011. -Vice President of the Government of Economic Affairs and Minister of Economy and Finance, Elena Salgado Méndez.

ANNEX I

Basic regulations for competitions

Index

Chapter I. General provisions.

Article 1. Object and scope of application.

Article 2. Definitions.

Chapter II. Enabling titles.

Article 3. Required enabling titles.

Article 4. Validity and extension of the singular license.

Article 5. Guarantees linked to the singular license.

Chapter III. Relationships between the operator and the participants.

Article 6. Particular rules of the competitions.

Article 7. Claims of the participants.

Article 8. Reporting obligations to participants.

Article 9. Promotion of the games.

Article 10. Channels and means of participation.

Chapter IV. Development of the competitions.

Article 11. Objective of the competitions.

Article 12. Participation in competitions.

Article 13. Development, determination and allocation of prizes.

Article 14. Payment of prizes.

CHAPTER I

General provisions

Article 1. Object and scope of application.

purpose of this Regulation is to lay down the basic rules to be followed by operators for the development and exploitation, at the state level, of the competitions, as well as in the drafting and drafting of their rules. Without prejudice to the powers that correspond to the Autonomous Communities in matters of planning and regulation of the games and bets developed, in person, in public establishments engaged in activities recreational.

Article 2. Definitions.

For the purposes of this Basic Regulation, the terms used in this Regulation shall have the meaning set out in this Article.

1. Contests. Competitions are understood as the form of play in which their offer, development and resolution is developed by a means of communication, whether of television, radio, Internet or other, provided that the activity of the game is related or subordinated to the main activity. In this mode of play to have the right to obtain a prize, in cash or in kind, the participation is carried out either directly through an economic disbursement, or through telephone calls, sending of text messages or any other electronic, computerised or telematic procedure, in which there is additional charging, the fact that the award of prizes is not only random but also the passing of evidence of competition or knowledge or dexterity.

The audiovisual communication programmes, the main content of which is based on the development of gambling activities in which the participation in the audiovisual media is carried out, shall be understood as falling within the above definition. for consideration, by telephone calls, sending of text messages or any other electronic, computer or telematic procedure, in which there is additional charging, such as the ancillary gambling activities included in programmes of audiovisual communication other than the above.

For the purposes of the definition of a contest, no contest will be understood for those programs in which the contestant still does not make any kind of economic disbursement to participate, either directly or by means of telephone calls, sending of text messages or any other electronic, computer or telematic procedure, in which there is additional charging.

2. Game operator. A game operator is understood to be a natural or legal person who, having obtained a degree which enables him to develop and market competitions, develops this activity by taking the risk and the benefit of it and in which, The following circumstances are present:

a) Adopt decisions on the competition policy, among others, return or amount of prizes or promotional policy.

b) Manage the gaming platform or, where applicable, user registries and gaming accounts.

3. Media operator. Means of communication to the natural or legal person is understood as having effective control over the relevant means of communication and, where appropriate, the selection of the contents and their organisation in the media It provides support to a gaming operator for the development and exploitation of competitions. The media operator shall be a gaming operator when it meets the requirements of the previous number.

4. Main activity. The main activity is the ordinary activity which is typical of the distinct and clearly differentiated means of communication of the activity of the game.

5. Contest suspended. A contest is understood to be suspended when, once initiated and before reaching its scheduled end, it has been interrupted. Suspended contests can offer valid results if it is set out in your particular rules.

6. Contest annulled. A contest is deemed to be void when, for reasons beyond the game operator and the participants, it does not come to be held or, being held, its results cannot be considered to give the game to the end.

7. Contest postponed. A contest is understood to be deferred when, for reasons other than the game operator and the participants, it is not initiated at the scheduled time. The deferred contest, unless the specific rules of the competition set the contrary, means the postponement of the results at the time of the conclusion of the contest.

CHAPTER II

Enabling titles

Article 3. Required enabling titles.

Operators interested in the development and exploitation of competitions must have a general licence for the form of competitions, as defined in Article 3 (e) of Law 13/2011 of 27 May, for the regulation of the game, granted by the National Gaming Commission and apply for and obtain the corresponding unique license for the marketing of the type of contest that it intends to develop.

Without prejudice to your related or subordinate status with respect to the content of the media that supports you, the general and unique licenses for the marketing of contests will not enable you to develop gambling activities subject to other licensing arrangements, being an essential condition for the development of such activities, obtaining the general and unique licences which in each case correspond.

Article 4. Validity and extension of the singular license.

1. The special licence for the development and operation of competitions shall be extended for a period of five years, subject to the application of the person concerned, for successive periods of the same duration, until the end of the general licence in which he is entitled ampara.

2. The application for the extension of the singular license shall be addressed to the National Gaming Commission during the last year of the term of the singular license and with at least four months in advance of the end date, and must prove:

a) Compliance with the requirements and conditions that were considered for obtaining the corresponding singular license.

b) The uninterrupted exploitation of the license for at least three-fifths of the duration of the singular license.

c) Payment of the tax on gambling activities and fees for the management of the game.

For the purposes of the accrual, settlement and payment of the fee for the administrative management of the game set out in Article 49.5.d) of Law 13/2011, of May 27, of regulation of the game, the extension of a singular license equating to the granting of a new license.

3. In accordance with the conditions referred to in the preceding number, the National Gaming Commission shall grant the requested extension and agree to its registration in the General Register of Game Licenses unless it is motivated to estimate that there are reasons for safeguarding the public interest, the protection of minors or the prevention of gambling addiction phenomena which justify the failure to carry out the requested extension.

Article 5. Guarantees linked to the singular license.

1. The National Gaming Commission may establish the obligation to provide an additional guarantee related to the granting of the singular license for the development and exploitation of contests.

The National Gaming Commission, if applicable and by resolution, will determine the amount of the guarantee linked to the singular license for the development and exploitation of contests to be met by all operators in the the framework set out in Annex II to this Order.

2. The guarantee linked to the special licence for the development and operation of competitions is affected by the fulfilment of the general obligations of the operator and, in particular, the specific obligations of the awards of the competitions the operator and the fulfilment of any other obligation which, in relation to the corresponding singular license, has been imposed on him by the National Commission of the Game, respecting in his case the provisions of article 77 of the Law 58/2003, of 17 December, General Tax within the framework of Article 14 of Law 13/2011, 27 of May, regulation of the game and its development regulations.

3. The additional guarantees referred to in this Article shall be constituted in the forms and under the conditions laid down in the Law 13/2011, of 27 May, of regulation of the game.

CHAPTER III

Relationships between the operator and the participants

Article 6. Particular rules of the competitions.

1. The development and exploitation of the contests shall be governed by this Basic Regulation, by the provisions that in the development of the same dictate the National Commission of the Game, by the terms of the singular license granted and by the rules details of each set drawn up and published by the operator.

2. The development and exploitation of competitions requires the prior elaboration and publication of their particular rules, which are of a private nature and are developed by the gaming operator, without prejudice to the Commission's supervisory powers. National of the Game.

In the particular rules, the rules of the competition will be established, the maximum number of participations admitted by the operator, the theoretical probability of obtaining a prize according to the number of participants, the amount and, in its case, the award categories of the contest and the principles that will govern the relations between the operator and the participants.

3. The particular rules of the competitions must be published by the operator on their website and, by means of techniques appropriate to the means employed, must be accessible to the participants on a permanent basis, easy and free of charge and in format downloadable.

The media operator that supports the game operator for the development of the contest shall inform the public of the particular rules of the contest or, if appropriate, facilitate the website, itself or of the game operator, in which they are published.

4. The game operator shall notify the National Game Commission of the particular rules of the contests with at least seven days prior to the sale of the same, as well as the date of its publication. Likewise, the modification of the published particular rules will require the prior recommunication to the National Commission of the Game with at least seven days in advance of the marketing of the contest.

Article 7. Claims of the participants.

1. The game operator must have a system of attention and resolution of any complaints and complaints from the participants and any person who could be affected by the operator's performance and establish in the rules In the case of the Commission, the Commission will be able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that it is able to meet the needs of the Member States. applicable to the operator's response to them.

The complaints and complaints system of care and resolution must be easily accessible to potential stakeholders and must have at least an electronic access through the operator's website and telephone access. through the operator's customer service center, who will record the date and time of receipt of the claims submitted by these lanes.

The attention to the participant must be at least in Spanish.

2. The time limit for the submission of complaints shall be that laid down in the particular rules of the game which shall not be less than three months from the date on which the corresponding contest is held.

The operator shall issue a communication addressed to the claimant, in which he shall acknowledge receipt of his complaint and in which he shall record the identity of the operator and the time limit in which he shall be informed of the decision taken.

The operator shall resolve the participant's claim within one month from the date on which it was received in the address (s) established for these purposes and shall communicate it to the claimant.

3. If the complaint is settled by the operator or, if applicable, one month after the complaint was filed without the person having communicated its decision, the participant may make a complaint to the National Gaming Commission that will resolve the complaint. within two months from the date on which the complaint was entered in its register, without prejudice, where appropriate, to the opening of the relevant sanctioning procedure if the operator had incurred any of the infringements. collected in Title VI of Law 13/2011, of May 27, of regulation of the game.

4. The expiry of the awards shall be interrupted from the date of receipt of the complaint by the operator until the date on which the operator has communicated its decision to the claimant or, where appropriate, until the notification of the decision of the National Gaming Commission.

Article 8. Reporting obligations to participants.

1. The operators of the game and, where appropriate, the media operators that support them, shall provide the participants, at least in Spanish, with complete and up-to-date information regarding the following:

(a) Information about the operator of the game and, in particular, enabling titles granted by the National Gaming Commission, trade name, social name, registered office and, where appropriate, address of whoever represents him in Spain. This information shall be provided in such a way that the participant is not misled about the identity of the gaming operator, in particular in the event that the operator is the means of communication provided by the support service.

(b) Information about the complaints system that the gaming operator has in place and referred to in the previous article. The information shall contain at least: postal and electronic addresses to which the complaints may be addressed, time limits for the submission of complaints and, where appropriate, standard models, and time limits for the communication of the decision. The operator must also be informed of the operator's obligation to issue a reply for each complaint received.

c) Information on the particular rules of the games offered and on the forms of participation in the games that the operator makes available to the participant. This information shall be true and readily available prior to the commencement of the participation and at any time during the participation.

d) Information about the total amount to be satisfied by the participation in the contest, the percentage of the collection that will be allocated to prizes, the amount or the value of the prizes that the participant could obtain, the number maximum stakes and the theoretical probability of obtaining the prize or prizes according to the number of participants. In cases where the participation is carried out by means of a gaming account, the gaming operator shall inform the participant of the amount that it has devoted to the participation in the contest and the balance of the account.

2. Information on the price of participation shall be offered in the invitation to participate and, where the means of supporting the development of the contest is television, for the duration of the promotion or publicity of the contest, must be presented, at least, statically, and in characters suitable for its perfect display or perception. In advertisements broadcast on radio and television, provided that the medium or number for participation in the contest is communicated orally, the total price of participation in the contest must be reported verbally.

In any case, when visual means are used, the size of the characters in which the participation price is reported in the contest shall not be less than that used to inform the means of participation or, where appropriate, payment of the same.

3. The information referred to in the game, its name and form of presentation shall be offered in such a way as to avoid any similarities with any other games or to induce the participant's confusion with respect to the nature of the game.

The information that the operator offers to the participant must be provided at least in Spanish.

Article 9. Promotion of the games.

1. In the terms set out in article 7 of Law 13/2011, of May 27, of regulation of the game, the performance by an operator of gambling advertising, sponsorship or promotion of gambling activities, as well as the advertising or promotion of the same, can be performed according to these criteria:

a) That advertising is easily identifiable by its recipients.

b) To ensure that advertising activity is socially responsible, paying due attention to the protection of minors and other particularly vulnerable groups. Thus, in the case of minors, it should be avoided that advertising is aimed at them, or that it is particularly attractive for children and young minors, or that they have a significant role in the particular promotional activity.

c) In the event of its broadcast by audiovisual media, it must also respect the applicable provisions on commercial and self-promotion communications contained in Law 7/2010 of 31 March, General of the Audiovisual Communication, and in particular the provisions of Article 7 on the rights of the child. Special attention shall also be paid to the timing of the advertising of the gambling activity and the age rating of the programme together with which the programme is issued or inserted shall be taken into account.

2. In addition, the operator may carry out promotional activities for the offer of the games which it places on the market and offer bonuses for the registration or participation of the player provided such practices:

a) Do not be contrary to the provisions of this Basic Regulation or the regulatory regulation of the game.

b) Do not contravene the provisions of Law 34/2002, of July 11, of Services of the Information Society and of Electronic Commerce and Law 7/2010, of 31 March, General of Audiovisual Communication.

c) Do not alter the dynamics of the game.

d) Do not induce participant confusion regarding the nature of the game.

3. It is up to the operator to publish on its gaming platform the conditions of application and periods of validity of any promotional initiative that it develops, as well as the terms of it.

4. The National Gaming Commission may limit the maximum amount of promotional initiatives and bonuses to participants developed by the operator, in accordance with the terms of Article 7 of Law 13/2011 of 27 May of Regulation of the game, and in the regulations for which the aforementioned article is regulated.

Article 10. Channels and means of participation.

1. Participation in the competitions, in accordance with the provisions of Article 1 of Law 13/2011, of 27 May, of regulation of the game, and regardless of the means of communication used for its development, will be carried out through channels electronic, computer, telematic and interactive, in which the in-person means, if they exist, will have an accessory character.

2. Participation in competitions may be carried out using any mechanism, installation, equipment or system that allows the production, storage or transmission of documents, data and information, including any open communication networks or restricted as television, Internet, fixed and mobile telephony or any other, or interactive communication, whether in real time or deferred.

3. In the light of the special conditions of the means used for the conduct of the competitions, on the basis of criteria of proportionality and on the basis of a reasoned request from the operator, the National Gaming Commission may authorise (a) the participation in the competitions without the prior identification of the participants by means of user registration.

In any event, the identification of the participant and the verification that it is not ongoing in any of the subjective prohibitions referred to in points (a), (b) and (c) of Article 6 (2) of Law 13/2011, May 27, game regulation, will be a must for the collection of prizes obtained whatever their amount and nature.

4. The participation through electronic communication services of additional charging, will be carried out using the resources of numbering that to these effects establish the Ministry of Industry, Tourism and Commerce. The National Gaming Commission and the relevant body of the Ministry of Industry, Tourism and Trade may establish the use of a specific numbering for the conduct of competitions.

CHAPTER IV

Developing the contests

Article 11. Objective of the competitions.

The purpose of the contests is to obtain a prize, in cash or in kind, which is awarded to that participant who, according to the particular rules of the corresponding contest, is the winner, exclusively by chance, either by overcoming certain tests of competition, knowledge or skill in which the chance intervenes in any way and phase of the development of the activity.

Article 12. Participation in competitions.

1. Participation in the competitions shall be carried out by means or means established by the operator in the particular rules of the game from among those referred to in Article 10 (2) of this Basic Regulation.

2. The amount of the participation in the competitions shall be that established by the operator in the particular rules of the game and shall be paid by the participant by means of payment offered by the operator, either directly through an disbursement economic, either by telephone calls, sending of text messages or any other electronic, computer or telematic procedure, in which there is additional pricing.

The price of the participation shown in the corresponding special rules shall be the total amount paid by the participant, irrespective of the amount or percentage to be paid for the services of the support which, if any, are involved. This amount shall be expressed in euro.

The gaming operator and the media operator providing the support for the development of the contest shall inform the public of the total price of the participation in the conditions referred to in the number 2 of the Article 8 of this Basic Regulation.

The maximum amount of participation in a contest shall be the amount referred to in the first number of Annex III to this Order.

3. The operators shall establish in the particular rules of the game a forecast for the alleged suspension, cancellation or postponement of the contests. It shall also establish the cases in which the quantities played as a result of the suspensions or deferrals shall be maintained or cancelled.

4. The full amount corresponding to the participation in a contest which, once formalised, is cancelled by the operator in application of its particular rules, will be returned or made available to the participants in the form established in the particular rules, always without any additional costs or obligations for participants.

5. The National Gaming Commission may lay down obligations requiring operators to set up mechanisms to limit individual participation in competitions or, where it is motivated to consider the amount of raised against the value of the prize offered, the number of total shares.

Article 13. Development, determination and allocation of prizes.

1. The contest will be developed in accordance with the provisions of this Basic Regulation, in the provisions that the National Gaming Commission will in its development and in the particular rules of the game.

2. The determination of the prizes shall be made in accordance with the rules of the game. In any event, the amount or, where applicable, the maximum value of the prizes which may be awarded in a contest shall be that referred to in the second number of Annex III to this Order.

Article 14. Payment of prizes.

1. The participants who have formalised their participation in the competition are creditors of the prizes and who, in accordance with the rules of the competition, have been successful.

2. The operator shall be obliged to pay the prizes obtained in the game from the end of the contest and shall pay the prizes to the participating creditors in the terms and conditions set out in the particular rules of the game.

3. The operator shall pay the prizes for the means established in the particular rules of the game and, in the absence thereof and whenever possible, by the same means used for the payment of the participation. Payment of the prize in no case will entail additional cost or obligation for the award-winning participant. In addition, the special rules of the competition must indicate the person required to pay the costs and taxes resulting from the award of the prize.

The right to the collection of prizes shall expire within the period laid down in the particular rules of the game which shall not be less than three months from the day following the end of the contest in which the prizes originated.

4. The National Gaming Commission shall establish the additional procedures and obligations that are necessary in relation to the payment of the prizes for the best protection of the participants and the public interest.

ANNEX II

Limits corresponding to the amount of guarantees linked to the singular licence for the holding of competitions

Unique.

The National Gaming Commission will, by resolution, determine the amount of the guarantee linked to the singular license for the development and exploitation of contests and that will be fixed between two and seven percent of the gross revenue of the operator attributable to the activity subject to a single licence in the year immediately preceding the year. For this purpose, the gross income of the operator shall be understood as set out in Article 48.6 of Law 13/2011 of 27 May of regulation of the game. During the initial period of the individual licences, the lodging of a guarantee shall not be required. The initial period of the singular licenses shall be computed in accordance with the provisions of the Law 13/2011, of May 27, of regulation of the game, which is applicable.

ANNEX III

Economic limits applicable to the participation and development of competitions

First. Maximum amount of participation in a contest.

The maximum amount of participation in a contest will be six euros.

Second. Value and maximum amount of prizes that can be awarded in a contest.

The maximum value of the prizes that can be obtained by the set of participants in a contest will be one million euros. For cash prizes, the maximum amount shall be EUR 1 million.