EL SALVADOR Law and Practice Contributed by: Marcela Mancia, IDEAS IP
7.3 Registration and Approval Requirements The Ministry of Governance is responsible for author - ising and regulating games of chance and/or contests of skill, including raffles, contests, commercial promo - tions and similar activities, if the contest is held in Sal - vadoran territory and the prize has a monetary value. Articles 3 and 4 of the Organic Law of the National Charity Lottery specify the authorisation requirements, which are as follows. • The authorisation request: A letter addressed to the Minister of the Interior and Territorial Develop - ment, signed by the legal representative or proxy of the entity in question and authenticated by a notary public, with the stamped seal of said entity. The request must include the name of the person who will be authorised to hear, present and receive notifications related to the authorisation process, as well as a contact address, email (if any) and telephone number. • The basis of any promotion. • Details of any prizes that are to be awarded to winners, in a document signed and stamped by the provider thereof (original or certified copy). Unit prices must include VAT. • Certified copy of the single identity document ( único de identidad DUI) and the tax identification number ( número de identificación tributaria NIT) of the legal representative or power of attorney of the requesting entity. • Certified copy of the NIT and VAT card of the requesting entity. • Certified copy of the deed of incorporation of the requesting entity, registered at the National Regis - try Centre. • Certified copy of the current credentials of the board of directors of the applicant entity, registered at the National Registry Centre. • Certified copy of the deed of power of attorney (legal representative) of the applicant entity, regis - tered at the National Registry Centre. • Certified copy of contract(s) issued by telecommu - nications companies authorising the use of a text message service (SMS) or telephone calls (mobile/ landline) in relation to promotional activity, where applicable.
Advertisements aimed at minors in films, television and radio broadcasts should promote social harmony and not erode values or promote a climate of violence. Public shows should be classified in a way that offers moral protection for children and adolescents, in accordance with current legal regulations on the rights thereof. Violating such principles could lead to a party being penalised – criminally and civilly – before the courts and punished with fines and/or imprisonment, depending on the violations committed. 6.6 Other Rules In El Salvador, privacy rules related to advertising per - tain to: • foods and non-alcoholic beverages; • treatments for illnesses, diets and pharmaceutical products; • wines and liquors; • cigarettes and tobacco; • insurance, loans and investments; • education and training courses; • home improvement plans and catalogue sales; • excursions, trips and timeshares; and • safety and accidents. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests Sweepstakes, promotions, raffles, and contests are regulated and authorised by the Ministry of the Inte - rior. All documents, rules, information and advertis - ing materials related to raffles and contests must be submitted – in Spanish – to the Ministry of the Interior, along with the authorisation form and payment. 7.2 Contests of Skill and Games of Chance The Organic Law of the National Charity Lottery, Article 3, establishes definitions of games including bingo, keno, slot machines, card games, instant win games, roulette and other games of chance played electronically or online (through websites or mobile applications).
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