Competitions restricted to US only?

Post/Author/DateTimePost
#1

mrpain

Feb 04, 2012 13:56:50
I do apologise if this has been previously discussed, but I did not find anything on the boards about it.

Why is the FR character creation contest competition restricted to US and canada only? 

I thought D&D was meant to bring people together, not discriminate them by countries?

Can anybody enlighten my inferior european mind please?

This is the quote I refer to:


"Eligibility: VOID WHERE PROHIBITED BY LAW. The Contest is open to legal
residents of the United States and Canada (excluding Quebec) who are at least 18 years old at the
time of entry. T"

#2

mudbunny

Feb 04, 2012 15:13:29
It is not that they don`t want to run a contest in those countries, it is simply that many (if not all) countries have legal requirements that a company must meet before they are permitted to run a contest in that country. Most of the requirements are centered around having a physical presence, like an office, in that country out of which the company does business.
#3

mrpain

Feb 04, 2012 15:19:20
It is not that they don`t want to run a contest in those countries, it is simply that many (if not all) countries have legal requirements that a company must meet before they are permitted to run a contest in that country. Most of the requirements are centered around having a physical presence, like an office, in that country out of which the company does business.



Being mostly an online competition, that requires no phisical involvment until you recieve a "prize" would seem to be an easy thing to manage with no "risks" involved.

Guess I was wrong...

#4

Seeker95

Feb 04, 2012 15:26:47
Guess I was wrong...

Yup. Laws are tricky that way.

#5

mrpain

Feb 04, 2012 15:30:45
Guess I was wrong...

Yup. Laws are tricky that way.




Although if a company like theirs cannot get past standard publishing laws, I think they need to hire new competent people perhaps.
#6

mudbunny

Feb 04, 2012 17:41:30
It is not that they don`t want to run a contest in those countries, it is simply that many (if not all) countries have legal requirements that a company must meet before they are permitted to run a contest in that country. Most of the requirements are centered around having a physical presence, like an office, in that country out of which the company does business.



Being mostly an online competition, that requires no phisical involvment until you recieve a "prize" would seem to be an easy thing to manage with no "risks" involved.

Guess I was wrong...




In some places, Quebec for example, simply running the contest requires a physical presence. In others, you need to put up a bond/deposit/surety with the local government/gaming commission prior to running the contest, whether or not someone from that area wins or not.

The laws are very, very tricky, and the fact that it is being run online makes no difference as to the laws which apply.
#7

Seeker95

Feb 04, 2012 19:49:38
Although if a company like theirs cannot get past standard publishing laws, I think they need to hire new competent people perhaps.

It's not a matter of publishing law. It is amatter of sweepstakes law. Any "free to enter" contest is a sweepstakes, even when run on the internet, and is governed by all of the laws that would otherwise apply to sweepstakes. The laws from country to country vary greatly, but one common thread to nearly all of them is that to run a sweepstakes in a country, you must have a legal (taxable) physical workplace in that country.

I would, however, think that WotC could use Hasbro's UK offices to fulfill that requirement in England. But it is also possible that UK's sweepstakes laws are as assinine as those in the US.
#8

mudbunny

Feb 04, 2012 20:29:32
I would, however, think that WotC could use Hasbro's UK offices to fulfill that requirement in England. But it is also possible that UK's sweepstakes laws are as assinine as those in the US.



My guess (and it is just a guess) is that because WotC is its own company (granted, one wholly owned by Hasbro) it would need its own offices in England.

Or, that may have nothing to do with it and there are other governmental requirements.
#9

zombie_babies

Feb 07, 2012 10:04:14
Yeah, this really is a case of don't blame WotC, blame your country's laws.  Like, for reals.  I don't doubt that WotC would like all of their fans to be able to participate - it increases exposure, highlights the reach of the brand and does good will.  Thing is, it's just not easy to do.  To be completely compliant in some places would, as it's been said, require significant investment in property and staffing.  For not other reason than to run a contest or two.  That's just not gonna happen and, to be honest, all of us should be thankful for that.  That's smart business.  But yeah, if a country's laws make it prohibitive to run the contest, it won't be run.  What's being said here is that WotC says it's not worth the possible benefits to run it because of the potential cost. 
#10

mrpain

Feb 07, 2012 10:09:59
Yeah, this really is a case of don't blame WotC, blame your country's laws.  Like, for reals.  I don't doubt that WotC would like all of their fans to be able to participate - it increases exposure, highlights the reach of the brand and does good will.  Thing is, it's just not easy to do.  To be completely compliant in some places would, as it's been said, require significant investment in property and staffing.  For not other reason than to run a contest or two.  That's just not gonna happen and, to be honest, all of us should be thankful for that.  That's smart business.  But yeah, if a country's laws make it prohibitive to run the contest, it won't be run.  What's being said here is that WotC says it's not worth the possible benefits to run it because of the potential cost. 



Sorry but that is just a giant middle finger answer to me...

Is like me saying, "Yeah, screw the USA, I am not going to publish Warhammer stuff over there, cos you know, who cares, this is a UK product  as long as we get it screw the rest of the world".

Game Workshop knows how to manage their business, and yes they do run contests that the whole world can partecipate (WOW!! /saracasm).


#11

zombie_babies

Feb 07, 2012 10:22:14
Sorry but that is just a giant middle finger answer to me...

Is like me saying, "Yeah, screw the USA, I am not going to publish Warhammer stuff over there, cos you know, who cares, this is a UK product  as long as we get it screw the rest of the world".

Game Workshop knows how to manage their business, and yes they do run contests that the whole world can partecipate (WOW!! /saracasm).



Except that's not what they're saying at all.  What they're saying is 'countries X, Y and Z have decided to legislate certain protections for their citizens that make it difficult to run contests there.  As overcoming the difficulties would be a greater investment than any gains made by doing so, it does not make sense for us to do so and it's a better decision, then, not to run the contests there'.  So yeah, not at all how you portray it. 

As has been stated several times already, some countries require a physical presence in order to run a contest.  Do you honestly think it would be a good idea for WotC to set up shop in a country and incur all of the cost of doing so simply to run a contest every now and then?  Seriously? 

Whether we like it or not, our personal interests don't mean a whole lot to a publicly traded company.  Er, unless they're in line with the majority, of course.  It's just how this stuff works.  If you want to take that as a middle finger, well, that's on you.  I do hope, however, that you understand it's your country's laws that are giving you that finger and not anything WotC is doing.  ;)
#12

Seeker95

Feb 07, 2012 11:25:31
Sorry but that is just a giant middle finger answer to me...

The middle finger? I thought you used the reverse Victory.

Anyway, "Sweepstakes in the UK are considered to be lotteries under the Gambling Act 2005." (courtesy of Wikipedia). That Gambling Act link is fairly empty on Wikipedia. But a little digging found more: Gambling Act 2005

As you can see, it is a heady document. Wade through it a bit. Enjoy!
#13

Kebab

Feb 07, 2012 14:24:11
Could be harder than we think for WOTC to,“fulfill that requirement in England”, as this could then be open to residents in Wales, N. Ireland and Scotland.

However if it is the fact that they must have a physical presence in a country, and as Hasbro UK looks to be a Welsh company, could their not be some way to have a WOTC competition in Wales only? Would that avoid gaming laws?

#14

zombie_babies

Feb 07, 2012 15:49:23
That would depend upon the laws.  Only some places require a physical presence.  Other places have different requriements.  I'm just not quite up to date enough on Wales sweepstakes law to comment, I'm afraid. 
#15

wrecan

Feb 07, 2012 16:05:06
Could be harder than we think for WOTC to,“fulfill that requirement in England”, as this could then be open to residents in Wales, N. Ireland and Scotland.

However if it is the fact that they must have a physical presence in a country, and as Hasbro UK looks to be a Welsh company, could their not be some way to have a WOTC competition in Wales only? Would that avoid gaming laws?



Wizards is still a separate company, albeit wholly owned by Hasbro.  So Hasbro UK might not fuflfill the requirements for Wizards to run a contest in the UK
#16

mudbunny

Feb 07, 2012 17:21:14
Sorry but that is just a giant middle finger answer to me...

Is like me saying, "Yeah, screw the USA, I am not going to publish Warhammer stuff over there, cos you know, who cares, this is a UK product  as long as we get it screw the rest of the world".



Publishing something is not the same as running a contest. For example, here are a small set of regulations that companies have to go through in order to be able to run a contest in Quebec:

1. A publicity contest notice must be filed with the Régie at least 30 days before the contest launch.3
2. The text of the contest rules and any promotional materials must be filed with the Régie at least 10 days before the date on which the contest is publicized (except for certain television and radio advertisements of the contest where the text can be filed within 5 days after the launch of the contest).
3. The contest rules must be accessible to the public and must include a number of provisions including, but not limited to, the conditions for entering the contest, the mode of entry, deadlines, details regarding the prizes, and the statement that “Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des course et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.”
4. Promotional materials regarding the contest must not be misleading. In particular, they should not falsely imply that a person has won a prize may enter a contest for the purposes of receiving a prize or being able to win a prize if all contest entrants receive a prize, simply by entering. Promotional materials must further reference the number, description, range and value of the prizes (i.e. the smallest and the largest) value of the prizes to be awarded), as well as indicate, where the contest rules may be obtained.
5. If participation in the contest requires that a good or service be purchased, a skill-testing requirement must be satisfied before the winner may claim his prize. Contest rules and promotional materials must specify the nature of this skill-testing requirement, if applicable.
6. The following fees are payable to the Régie, at least 30 days before the contest is set to begin:
a. a fee of 10% of the total value of the prizes awarded for contests that are exclusive to Quebec residents;
b. a fee of 3% of the total value of the prizes awarded for national contests that include Quebec residents; or
c. a fee of 0.5% of the total value of the prizes awarded for all other contests (i.e. contests that are international in geographical scope) that include Quebec residents.
7. If the value of any prize offered to a Quebec resident exceeds $5,000, the total value of the prizes offered to Quebec residents exceeds $20,000 or the contest promoter does not have a place of business in Quebec, a security bond needs to be filed with the Régie either by filing a letter of security or depositing a sum of money with the Régie or in a trust account at a financial institution.
8. The Régie has authority to determine if the contest rules may be changed or cancelled once the contest has started. Changes or cancellations will only be allowed if the public is not adversely affected or where the cancellation or change results from a “fortuitous event” or “irresistible force”.
9. The Régie has jurisdiction to mediate disputes over contests.
10. A detailed written report needs to be filed with the Régie, by the promoter within 60 days following the date on which the winner is named.
11. All contest entry forms need to be kept for 120 days following the draw date unless otherwise determined by the Régie.
12. Failure to comply with the laws is an indictable offence and may result in fines levied against both the company



I bolded the ones which probably cause the most problems for WotC.

Now, add this to laws for other countries. After a certain point, it just becomes not worth the effort for WotC to try to comply with the regulations.

Note that the overwhelming majority of contests that happen in Canada only exclude Quebec.

Game Workshop knows how to manage their business, and yes they do run contests that the whole world can partecipate (WOW!!
/saracasm).



Keep in mind that Games Workshop also has stores that are owned by them internationally as well as business offices internationally which makes it easier for them to have someone on staff who is familiar with the laws and regulations governing contests in that territory. WotC doesn't.