SWITZERLAND Law and Practice Contributed by: Lukas Bühlmann, Michael Reinle and Michael Schüepp, MLL Legal
Small Money Games Approval for small money games is granted by the cantonal authority in the canton in which the money game is executed (see Articles 32 et seq, Swiss Gam -
number of people, and where the result is determined by one and the same random draw or by a similar procedure (Article 3 littera b, Swiss Gambling Act). Money games, including contests of skill and games of chance, are subject to an approval or licence (see Article 4, Swiss Gambling Act). However, and as mentioned in 7.1 Sweepstakes and Contests , money games with free participation and certain sweepstakes and contests are exempted from these obligations. It is advisable and common practice to design promotional sweepstakes and contests in a manner that exempts them from the approval require - ment. 7.3 Registration and Approval Requirements Games of chance and contests of skill for promo - tional purposes must generally not be registered or approved if designed in a proper manner (see 7.1 Sweepstakes and Contests and 7.2 Contests of Skill and Games of Chance ). If such games or contests are not exempted from the Swiss Gambling Act, an approval or licence is needed. With respect to the approval process, the statute dis - tinguishes between large money games and small money games. Large money games are games of chance or contests of skill, which are executed either in an automated manner, in more than one Swiss can - ton or online. Other contests and games of chance are Large money games must be approved by the inter- cantonal money game authority (GESPA; Article 21, Swiss Gambling Act). Approval is subject to certain requirements, such as a registered seat in Switzer - land, good reputation, financial stability, etc (Articles 22 and 24 et seq, Swiss Gambling Act). The main issue is that the cantons may determine the maximum numbers of organisers for money games. This means that an organiser might not receive an approval even if it complies with all requirements. small money games. Large Money Games
bling Act). Sanctions
The execution of money games without the neces - sary approval is subject to criminal sanctions. Articles 130 et seq of the Swiss Gambling Act distinguishes between large and small money games: • the intentional illegal execution of large money games is sanctioned with imprisonment for up to three years or a monetary penalty; and • the intentional execution of small money games without approval is sanctioned with a monetary penalty of up to CHF500,000. 7.4 Free and Reduced-Price Offers UCA Article 3 (1)(b) UCA requires that information about prices must not be inaccurate, deceptive or mislead - ing. Furthermore, Article 18 UCA sets forth that the declaration of price reductions in a misleading manner is unfair. OPD Article 18 UCA is concretised by the OPD. Reduced- price offers are subject to several requirements as set out in Articles 16 et seq OPD. The ordinary price, as well as the reduced one, must be indicated. Which products the reduced price applies to must be specified. However, specification is not needed if the reduced price applies to several products, product groups or entire assortments. In that case, which categories of groups the reduced price applies to must solely be specified (eg, “50% off on all coffee capsule products”). In addition, the requirements in Article 16 OPD regard - ing price comparisons must be complied with. How - ever, on 1 January 2025, a revised version of Article 16 OPD entered into force (see 1.9 Regulatory and Legal Trends ). The amendment significantly eases the con - ditions for comparative price advertising. A previous price may now be advertised for an unlimited period
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