PORTARIA Nº 422, DE 18 DE JULHO DE 2013 – Identifies instances where the exclusively artistic, cultural, sporting, or recreational nature of a contest intended for the free distribution of prizes, as referred to in Law No. 5.768 of December 20, 1971, and Decree No. 70.951 of August 9, 1972, is compromised.

ORDINANCE No. 422, OF JULY 18, 2013

 

Identifies hypotheses of compromising the exclusively artistic, cultural, sporting or recreational nature of a contest intended for the free distribution of prizes, as referred to in Law No. 5.768, of December 20, 1971, and Decree No. 70.951, of August 9, 1972.

 

The Minister of State for Finance, in the exercise of the powers conferred upon him by Article 87, sole paragraph, item II, of the Constitution and in view of the provisions of Article 3, item II, of Law No. 5.768, of December 20, 1971, Article 27, item XII, subparagraph "i", item no. 1, of Law No. 10.683, of May 28, 2003, and Article 30 of Decree No. 70.951, of August 9, 1972, resolves:

Article 1 – The request for authorization to carry out the free distribution of prizes for advertising purposes, when carried out through raffles, prize draws, contests or similar methods, as referred to in Law No. 5.768, of December 20, 1971, must be submitted to the Economic Monitoring Secretariat of the Ministry of Finance or to Caixa Econômica Federal, in accordance with the provisions of Article 15 of Ministry of Finance Ordinance No. 41, of February 19, 2008.

Sole paragraph. The free distribution of prizes is independent of prior authorization when carried out through a contest that is exclusively artistic, cultural, sporting or recreational, in accordance with item II of article 3 of Law No. 5.768 of 1971, and article 30 of Decree No. 70.951 of August 9, 1972.

Article 2 – A contest is no longer considered exclusively artistic, cultural, sporting, or recreational if at least one of the following elements is present or occurs, in addition to others, insofar as they constitute an intent for commercial promotion:

I – advertising for the promoter or any of its products or services, as well as for third parties, in promotional materials on any channel or medium, except for the mere identification of the contest promoter;

II – trademark, name, product, service, activity or other identifying element of the promoting company, or of third parties, in the material to be produced by the participant or in the mechanics of the contest, and identification in the name or slogan of the promotion is also prohibited;

III – being subject to any form of chance or payment by competitors, at any stage of the competition;

IV – linking the contestants or those awarded prizes to the acquisition or use of any good, right or service;

V – Exposure of the participant to products, services or brands of the promoter or third parties, in any medium;

VI - divination;

VII – advertising the contest on the packaging of a product belonging to the promoter or third parties;

VIII – requirement to fill out a detailed registration form, or answer surveys, and to accept receiving advertising material of any kind;

IX – prizes that involve a product or service from the promoter;

X – conducting a contest on a social network, with the exception of its promotion on that platform;

XI – conducting a contest via television, with participation requiring a fee; and

XII – linking to events and commemorative dates, such as sports championships, Mother's Day, Christmas, Valentine's Day, Father's Day, Children's Day, state, municipal or Federal District anniversaries, and other similar occasions.

Sole paragraph. The following cases also disqualify the contest as exclusively artistic, cultural, sporting or recreational:

I – made by means of telephone calls or short message service (in English, "Short Message Service – SMS") offered by a mobile telephone operator ("cellular");

II – contingent upon payment in accordance with a product or service offered by the promoter or third parties; or

III – exclusively for clients of the promoter or third parties.

Article 3. Once a contest is no longer characterized as exclusively artistic, cultural, sporting, or recreational, the free distribution of prizes through a contest shall be governed by Law No. 5.768 of 1971 and its regulations, and the promoting company shall be subject to the penalties provided for in Article 12 of said Law, without prejudice to other applicable sanctions.

Art. 4 This Ordinance enters into force on the date of its publication.

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