The control of prize events is carried out by the MIMIT on a random basis or on the recommendation of interested parties.
PENALTIES FOR PROHIBITED DEMONSTRATION OR VIOLATION OF PRESIDENTIAL DECREE 430/2001
(with the exception of non-communication to MIMIT)
They concern:
failure to protect the public faith, equal treatment and opportunities for participants;
disruption of competition and the market;
promotion of goods for which advertising is prohibited;
uncertified, anti-fraud, tamperable winner identification software or server residing abroad.
Penalty of 1 to 3 times the amount of VAT due, and in any case not less than €2,582.28
Doubled if the initiative continues despite being banned, reduced to a sixth of the maximum if payment is made within 30 days.
The sanctions are applicable not only to the promoting company but also to all subjects who, in any way, participate in the distribution of prohibited prize event material.
In addition, the promoting company is obliged to inform the public that it has a prohibited event, using at its own expense the means of communication decided by the Ministry of Economic Development based on the seriousness of the violation and the means of communication used to launch the same initiative.
PENALTIES FOR OMISSIONS
Failed to send of the communication of the holding of the event from €2,065.83 to €10,329.14.
Delay in sending of the announcement of the holding of the prize competition from €2,065.83 to €10,329.14.
If the communication takes place before the Ministry of Economic Development has contested the violation from €1,032.92 to €5,164.57.
Conducting the competition with Different modes from those contained in the regulation from €1,032.91 to €5,164.57.
Even in these cases, the penalty is reduced to one sixth of the maximum if payment is made within 30 days. In case of ascertained non-payment of the promised prizes (ex officio or following a complaint), the Ministry determines, in addition to the sanctions, the total or partial forfeiture of the guarantee.
Avoidance of the state monopoly Of games and bets from 50,000€ to 500,000€, doubled if the initiative continues despite being banned.
Organizing an award event correctly requires specific skills, necessary for the success of the initiative, which avoid incurring the penalties provided for in the event of irregularities.
Trust WINK: an expert consultant will assist you in drafting the Regulations, after a feasibility study in which he will verify that your project is in compliance with the law and will propose any corrections.
You can also delegate all the bureaucratic process to us, appointing our expert as Delegated Person, to work on behalf of the promoting company. We will manage all the steps, from the deposit to the presentation of documents, to communications, to closure.
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