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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2006.–31.12.2013.
Amendments not included: 12.09.2013., 23.11.2016., 17.10.2019.
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

30 October 2003;
8 December 2005.

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

Law On Lotteries of Goods and Services

Section 1.

The following terms are used in this Law:

1) lottery of goods - a game where participants participate by purchasing goods but without paying a participation fee;

2) lottery of services - a game in which participants participate by entering into a service agreement but without paying a participation fee;

3) lottery participant - a person who purchases goods or enters into a service agreement and performs the activities specified in the provisions of a lottery in order to qualify for the acquisition of a prize;

4) recipient of a lottery permit - a manufacturer, distributor, vendor of goods or a provider of services who organises the lottery of goods or services or a lottery organiser;

5) lottery organiser - a person to whom a manufacturer, distributor, vendor of goods or provider of services has delegated the rights to organise the lottery of goods or services;

6) opening of the lottery procedure - date indicated in a lottery permit when persons start purchasing goods or receiving services and participating in the lottery, upon presenting a documentary proof of purchase;

7) closing of the lottery procedure - date indicated in a lottery permit by which the lottery permit recipient must determine and announce the winners;

8) prize fund - articles that the lottery permit recipient, for the purpose of organising a lottery of goods or services, offers as prizes and the value whereof in lats is confirmed by accounting records;

9) game - set of activities as the result of which a participant may win a prize. A winner of the prize shall be determined on the basis of his or her skills and knowledge, or the prize may be won completely or partially by chance;

10) goods - any article (except for restrictions specified by this Law) with individual name or other characteristic features, the value whereof may be determined by purchasing or selling such article regardless of the packaging thereof;

11) service - a transaction that has been performed for a consideration within the framework of commercial activities of a person- including an agreement in accordance with which an order of a service recipient is fulfilled, an article is leased, a new article is manufactured, an existing article or properties thereof are improved or modified, intangible property (intangible valuables and rights) is sold, work is performed or the intangible result of the work is achieved, but which is not a purchase of goods (within the meaning of Clause 10 of this Section).

Section 2.

The purpose of this Law is:

1) to regulate the procedures of organising the lottery of goods and services, receiving the lottery permit and controlling the lottery procedure;

2) to protect the interests of individuals, as well as those of the whole society in the sphere of organisation of lotteries of goods and services; and

3) to promote fair competition.

Section 3.

In order to have permission to organise a lottery of goods or services, a merchant who manufactures, distributes and sells goods or provides services shall receive a lottery permit in the Lotteries and Gambling Supervisory Inspection (hereinafter - Inspection) of the Ministry of Finance. If the manufacturer, distributor and seller of goods or provider of services has delegated the right to organise the lottery of goods or services to another person, such person shall receive the lottery permit. It is permitted to organise lotteries of goods and services with a prize fund of not more than 500 lats without the receipt of the lottery permit and payment of a State fee.

Section 4.

(1) If the prize fund of a lottery of goods or services is not more than 500 lats, the lottery may be organised after the Inspection has been informed in accordance with the procedures specified by the Cabinet regarding the organising of the lottery.

(2) A merchant who wants to organise a lottery of goods or services with the prize fund being not more than 500 lats shall inform the Inspection regarding the organisation thereof not later than within 15 days prior to the opening of the intended lottery procedure.

Section 5.

A manufacturer, distributor, seller of goods or provider of services may organise not more than three lotteries of goods or services within a time period of one calendar year for one service or one type of goods. Such restriction also applies to cases where the right to organise the lottery of goods or services has been transferred to a third person or the prize fund of the lottery is not more than 500 lats.

Section 6.

(1) The restriction referred to in Section 5 of this Law does not apply if goods for the promotion of sales whereof a lottery is organised are newspapers, magazines, bulletins or other periodicals.

(2) A newspaper, magazine, bulletin or other periodical shall receive a lottery permit by the first date of the first month of each relevant quarter if such newspaper, magazine, bulletin or other periodical organises quarterly lotteries of goods in a calendar year. If the previously referred to publication has delegated the right to organise a lottery of goods or services to another person, such person shall receive a lottery permit within the previously referred to period of time.

(3) If a newspaper, magazine, bulletin or other periodical within a time period of a quarter of a calendar year organises lotteries of goods the value of separate prizes whereof confirmed by accounting documents is not more than 500 lats, such newspaper, magazine, bulletin or other periodical shall notify the Inspection regarding the organising of the lottery not later than within 15 days before the first date of the first month of the relevant quarter in accordance with the procedures specified in Section 4, Paragraph one of this Law.

(4) For the purpose of paying a State fee for organising a lottery of goods for a newspaper, magazine, bulletin or another periodical , the prize fund shall be determined by the total sum of the value of the separate prizes, offered in lotteries of goods organised within a time period of a quarter of one calendar year, the value whereof confirmed by accounting documents exceeds 500 lats. Such provision also applies to cases where the lottery is organised by a third person.

[8 December 2005]

Section 7.

(1) If the prize of a lottery of goods or services is money, the recipient of a lottery permit shall identify the recipient thereof (indicating the given name, surname, personal identification number of the persons, but for a person to whom a personal identification number is not granted - the date, number of a personal identification document and the name of the issuing authority) and bank notes shall not be located in the packaging of goods.

(2) [8 December 2005]

[8 December 2005]

Section 8.

A lottery permit shall be issued for the time period of the lottery procedure, which shall not be longer than six months.

Section 9.

In order to receive a lottery permit, a merchant shall submit to the Inspection a submission, to which the following shall be attached:

1) information regarding the person responsible for the lottery of goods or services and approved by the merchant (indicating his or her given name, surname, personal identification number, but for persons to whom a personal identification number is not granted - the date, number of issue of a personal identification document and the name of issuing authority);

2) provisions of the lottery of goods or services;

3) evaluation in lats of goods or non-material valuables offered as prizes confirmed by accounting documents; and

4) certification from the manufacturer, distributor, seller of goods or provider of services regarding guarantees of payment of prizes.

Section 10.

(1) A merchant who wishes to organise a lottery of goods or services shall submit documents for the receipt of a lottery permit to the Inspection not later than within two months prior to the opening of the intended lottery procedure.

(2) If a merchant has not submitted all the necessary documents or there is insufficient information in the submitted documents to decide on the issue , the Inspection shall request the necessary documents and information within a time period of 10 days, counting from the day when the submission was received.

(3) The Inspection shall take a decision regarding the granting of a lottery permit or the refusal to grant a lottery permit within a time period of 30 days after all necessary documents and information has been received.

Section 11.

(1) The following shall be indicated in a lottery permit:

1) the number, place and date of issue of the permit;

2) the name, registration number and legal address of the manufacturer, distributor, seller of goods or provider of services;

3) the name, registration number and legal address of the lottery organiser (if such exists);

4) the name of goods or service for the promotion of sales whereof the relevant lottery is organised;

5) the name of the lottery; and

6) the opening and closing date of the lottery procedure.

(2) The head of the Inspection shall sign a lottery permit and attest his or her signature with the seal of the Inspection.

Section 12.

(1) Within a time period of 10 days after a decision regarding the granting of the lottery permit has been received, a recipient of a lottery permit shall pay a State fee for the issue of the lottery permit.

(2) A lottery permit shall be issued after the State fee has been paid.

Section 13.

The Inspection has the right to refuse the granting of a lottery permit if:

1) a merchant has organised lotteries of goods or services without a permit and the exception referred to in Section 3 of this Law does not apply to the lottery;

2) a merchant has violated requirements of this Law and Cabinet Regulations issued pursuant thereto;

3) provisions of the lottery of goods or services submitted by the merchant do not conform to the requirements of this Law.

Section 14.

(1) Concurrently with the granting of a lottery permit the Inspection shall approve the provisions of the lottery of goods or services.

(2) Provisions of the lottery of goods or services shall be clear and unequivocal, laid out in a logical sequence, and the following information shall be included therein:

1) the name, registration number and legal address of the manufacturer, distributor, seller of goods or provider of services;

2) if the lottery is organised by another person - the name, registration number and legal address of the lottery organiser;

3) the lottery procedure area;

4) the opening and closing date of the lottery procedure;

5) prize fund - names, number and value of prizes, division according to prize groups (if such exist);

6) the amount of goods or services offered within the scope of lottery of goods or services or other information regarding the approximate winning chances of each lottery participant;

7) procedural requirements for the lottery and conditions of participation;

8) participant lottery expenditure related to participation in the lottery;

9) the date by which the documents confirming participation in the lottery of goods or services are to be submitted;

10) the procedures, place and date for the determination of winners of the lottery;

11) the procedures, place and date for the announcement of the winners of the lottery;

12) procedures by which the application for the prize and the delivery thereof is performed, as well as additional costs for the receipt thereof;

13) a time period up to which lottery participants may apply for and receive the prize;

14) information regarding where the lottery participant can lodge objections in the case of objections, the procedures and a time limit for the examination of these objections;

15) persons who shall not participate in the lottery;

16) other information, which the recipient of a lottery permit regards as necessary.

(3) The Inspection shall not approve the provisions of the lottery of goods or services if:

1) the information provided for in this Law is not included therein;

2) the information regarding the approximate winning chances of each lottery participant of the lottery to win is not sufficiently clear;

3) such provisions provide for the organisation of the lottery of goods or services that do not comply with the requirements of this Law.

Section 15.

(1) A recipient of a lottery permit shall ensure that a copy of the provisions of the lottery of goods or services approved by the Inspection is available to a lottery participant at the place of sale of the goods or provision of services or the following is indicated on the packaging of the lottery goods:

1) the opening and closing date of the lottery procedure;

2) a source of information (a publication, web site address or telephone number) where it is possible to get acquainted with the provisions of the lottery of goods or services, approved by the Inspection.

(2) The number of the lottery permit shall be indicated in the provisions of the lottery of goods or services.

[8 December 2005]

Section 16.

(1) The number of a lottery permit, as well as the information where it is possible to get obtain information the provisions of the lottery of goods or services shall be indicated in an advertisement of the lottery of goods or services.

(2) It is prohibited to advertise through the mass media of the Republic of Latvia a lottery of goods or services for the organising whereof a lottery permit has not been received or regarding the organisation whereof the Inspection has not been informed.

Section 17.

A recipient of a lottery permit, as well as a merchant who is entitled to organise a lottery of goods and services without the receipt of a permit shall ensure that lottery procedures are transparent and that fraudulent activities are not being permitted.

Section 18.

(1) Persons who have won in a lottery of goods or services shall be publicly determined.

(2) If the prize fund of a lottery of goods or services is more than 7000 lats, a representative of the Inspection or a representative of the territorial institution of the State Revenue Service where the lottery permit recipient is registered as a taxpayer, and a representative of the relevant professional association shall participate in the determination of the winners.

(3) A protocol regarding persons who have won shall be drawn up. The following shall be indicated in the protocol:

1) the name, legal address, registration number of the recipient of a lottery permit;

2) the name of the lottery;

3) the place and date of the determination of winners;

4) persons who participate in the determination of winners;

5) names of prizes; and

6) the given name and surname of the winner.

[8 December 2005]

Section 19.

(1) If a lottery of goods or services is organised throughout the whole territory of the Republic of Latvia, the recipient of a lottery permit shall announce the lottery results (winners and prizes) through at least one mass media that is distributed throughout the territory of the Republic of Latvia not later than within five days after the determination of the winners.

(2) If a lottery of goods or services is organised as an instant lottery, a lottery participant shall learn immediately whether he or she has won after the purchase of goods or entering into an agreement regarding a service, as well as receive the prize he or she has won.

(3) If a lottery of goods or services is organised by a newspaper, magazine, bulletin or other periodical, the recipient of a lottery permit shall announce the lottery results (winners and prizes) in the next issue of the publication being issued immediately after the determination of the winners.

[8 December 2005]

Section 20.

(1) It is prohibited to organise lotteries of goods or services in which persons may participate by gambling, as well as by purchasing alcoholic beverages (including beer), tobacco and medicine.

(2) A prize of the lottery of goods or services may not be participation in gambling, as well as alcoholic beverages (including beer), tobacco and medicine.

[8 December 2005]

Section 21.

Supervision and control of how a recipient of a lottery permit complies with this Law, other regulatory enactments and provisions of the lottery of goods or services shall be carried out by the Inspection -- in accordance with the procedures specified by the Cabinet, by the institutions of the State Revenue Service - in accordance with the procedures specified in Law On the State Revenue Service, and by the State Police - in accordance with the procedures specified in the Law On Police.

Section 22.

Persons whose interests are injured or restricted by the decision of the Inspection may appeal such decision to the court.

Section 23.

A recipient of a lottery permit in accordance with the procedures specified by the Cabinet within a time period of 15 days after the closing of lottery procedure shall submit to the Inspection a report regarding the organising of a lottery of goods or services, and the following shall be indicated in the report:

1) the name of the merchant and a lottery permit number granted;

2) the number of lottery participants;

3) number of prizes given out;

4) the value of given out prizes in lats;

5) the number of remaining prizes; and

6) the value of remaining prizes in lats.

Section 24.

A recipient of a lottery permit shall pay a State fee in the amount of 25 per cent of the prize fund.

Section 25.

The income from a State fee for the organising of a lottery of goods or services shall be used for the implementation of the Latvian National Library Project.

Transitional Provisions

1. Section 13, Clause 1 of this Law applies to such lotteries of goods or services that a merchant has organised without a permit after coming into force of this Law.

2. By 1 January 2004, the Cabinet shall issue the following regulations:

a) the procedures by which a merchant notifies regarding the lottery of goods or services for which the prize fund is less than 500 lats;

b) the procedures for supervision and control of the organising of lotteries of goods and services;

c) procedures by which a recipient of a lottery permit notifies regarding the organising of a lottery of goods or services.

3. In this Law, the term "merchant" is also understood as the term "undertaking (company)".

4. The provisions of this Law shall not be applicable to such advertising actions which conform with the definition of the lottery of goods or services and are initiated before the day of coming into force of this Law; however, such advertising actions may take place only until 1 March 2004.

[30 October 2003]

This Law shall come into force on 1 January 2004.

This Law has been adopted by the Saeima on 19 June 2003.

President V. Vīķe-Freiberga

Rīga, 8 July 2003

 


1 The Parliament of the Republic of Latvia

Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Preču un pakalpojumu loteriju likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 19.06.2003.Entry into force: 01.01.2004.Theme: Consumer rights; Competition rights; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 101, 08.07.2003.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 15, 14.08.2003.
Language:
LVEN
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