Clipping of news on Brazilian Culture, Law and Citizenship
08/21/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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It is increasingly common to come across cultural promotions and contests in social networks or sent via SMS, which promise a wide variety of prizes and various discounts to the consumer. But it is important to know that there are rules that limit this practice, so it is important to know them not to fall into the trap.
According to Article 30 of Decree No. 70,951, of August 9, 1972, a contest exclusively for cultural, artistic, sporting or recreational needs no government authorization, since that does not require payment or purchase of goods or services by the participant. Already aPortaria paragraph. 422 of July 18, 2013, was designed to toughen rules regarding contests. According to her, can not be considered a cultural contest:
- Promotions on social networks (only permitted disclosure);
- Promotions disseminated via SMS;
- Promotions requesting filling cadastre detailed research or acceptance of receipt of advertising material;
- Divination;
- Promotions disclosed on product labels;
- Promotions that require the purchase of any good or service.
It is not allowed that the contest is tied to any company, unless there is an authorization from the CEF and the Secretariat for Economic Monitoring of the Ministry of Finance.
Before the Ordinance, there were also requirements regarding promotions on the internet, but the rules have not expressed the determination that the companies solicited authorization. With this, some present on social networks promotions were called cultural competitions, but actually served to advertising companies.
When deciding to enter a contest or sweepstakes, you should check if the conditions are really advantageous. Regulation of the promotion must have been previously approved by the Ministry of Finance and registered in the Registry of Deeds and Documents. Also check if the addition of the SMS or social networking, the promotion is being reported in other communication channels
Article 6 of the Consumer Protection Code states: "are basic rights of citizens to adequate and clear information about different products and services, as well as protection against unfair or misleading advertising."
Do not disclose personal information in public places, such as social networks. Also, keep all proof of their participation (one print page, for example). In the case of non-receipt of their prize, this material can be used for any complaint.
Attention! If you are not participating in any promotion, suspicious phone calls or e-mail to inform his contemplation for something, or offer discounted courses. If you see something in your e-mail, do not open, it may be a virus.
Source: Procon SP
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This article was translated by an automatic translation system, and was therefore not reviewed by people.