It is good to know that giveaways cannot be organized “lightly”! that is! without taking into account existing regulations and the need to follow a very precise bureaucratic procedure .
If you decide to do so anyway! there is now a very high probability of being subjected to checks and incurring very heavy fines : they can in fact range from a minimum of €1000 to a maximum of €500!000 depending on the situation.
So let’s try to clarify the organization of the giveaways in 2022.
Hosting a Giveaway in 2022: What Does the Law Say?
To delve into the bureaucracy of giveaways in Italy in detail! it is necessary to be aware of the main points covered by Presidential Decree 430/2001 ! regarding the “Regulations for competitions and prize operations”.
This decree provides a precise definition line database of what is considered a “ prize competition and operation ” (read Article 1 and Article 2)! clearly identifies who can promote competitions and prize operations (read Article 5) and establishes a definitive regulation on the obligations that the promoters of such competitions must respect (read Article 7 and Article 10).
The text of the decree is very interesting and exhaustive: we suggest you read it in its entirety if you plan to organize a giveaway soon.
In a nutshell! however! we can tell you that in 2022! giveaways in Italy are considered online prize competitions in all respects and! as is obvious! to be legal they must comply with all the requirements set out in the decree and must follow a precise bureaucratic procedure.
The Requirements for Hosting a Giveaway on Instagram
Therefore! not even influencers or creators! unless they fall into one of the very rare exceptions ! that is! relating to the modest value of the prizes up for grabs (e.g. calendars or small gadgets) or the artistic/scientific/literary purpose of the contest.
To summarize : businesses and companies can organize giveaways! as long as they follow the correct bureaucratic procedure! while seo, strategies and helpful tips private individuals and influencers cannot. If you happen to see an influencer on your Instagram profile intent on promoting their giveaway! know that 99% of the time what they are doing is illegal.
Another issue! however! is the use of influencers by a brand to promote a contest or giveaway organized by the company: in this case!
Another requirement imposed by the decree is the registration of giveaway participants on Italian servers or in any case located in Italian territory! or at least the presence of a mirroring service that can transport participants’ data bosnia and herzegovina leads from abroad to Italian territory. Thanks to platforms like Leevia! which allow those who wish to mirror from Instagram’s foreign servers to Italian servers! this “problem” is easily solvable.
The bureaucratic process required to organize a giveaway
To the requirements we have just discussed! however! a correct bureaucratic process must be added! required by the Ministry of Economic Development. The steps to follow to organize a giveaway in compliance with the law are the following:
And it doesn’t end there: you will also need to consult a notary who will supervise the giveaway! the drawing of the winner (or winners) and draft the official closing documents of the contest.
It goes without saying that organizing a giveaway is not free! as non-experts or those who still organize this type of contest illegally may think! and it is not even very simple to manage because it requires time and commitment.
However! today more than ever! following the law to organize a giveaway is truly essential ! because – in addition to the fundamental value of dutifully respecting the rules – the Ministry of Economic Development regularly carries out random checks or checks upon notification.
