- August 18, 2019
- Posted by: LAS
- Category: Uncategorized
What is a business promotion?
|When it is intended to obtain an increase in sales of goods and services, attract customers, maintain or encourage existing ones in exchange for prizes in money, goods or services granted through raffles, chance or any other means of access to the prize, or any activity where limited availability awards are included, it is considered a business promotion.|
What promotions need regulation?
|DRAW||MILES ACCUMULATION (Permanent or older than 3 years)|
|RANDOM||LIQUIDATION OF GOODS OR SERVICES OFFERED|
|SALES WITH PRIZE (with limited availability)||BANDING OR COMBO (two or more items or services for the price of one)|
|ANY OTHER MEDIA WITH ACCESS TO THE PRIZE||BUSINESS IMAGE (souvenirs, free samples, complimentary gifts)|
* DO NOT MAKE a promotion WITHOUT AUTHORIZATION otherwise PROCESS
What kind of Contracts exist within a Business Promotion?
INTEGRATED SERVICE CONTRACT
It is an agreement of wills of two or more parties in which it is determined in writing that the contracted party will provide organizational services, development of business promotion and compliance with tax obligations.
SHARED PROMOTION AGREEMENT
It is an agreement of wills of two or more parties where it is identified in writing, the person responsible for the obligations arising from the application and development of business promotion, as well as compliance with tax obligations
AGREED VALUE AND SHORT NUMBER SERVICE CONTRACT
It is an agreement of wills, of two or more parties where the provision of value-added service and short number as a means of access to business promotion is determined in writing. The contract will only be applicable in mobile phone services.
REQUIREMENTS for the Business Promotion development project:
– Promotion Name
– Period – Duration
– Award Mode
– Place and date
– Testimony of Power
– Place and Date of Delivery of Prizes or Exchange Points
– Prices offered in Money, Goods and / or Services
– Specify the mode
– Specify the description or mechanics of the Sweepstakes, chance or other means of awarding
- Identity card
- NIT Registration Certificate
- Registration of Commerce Registry
- Company Constitution Testimony
- Testimony of Power
- Resolution of Authorization or acceptance of promotion by ASFI, ANH
- Integrative service contract, if applicable
- Shared promotion contract, if applicable
- Value-added and short number service contract, if applicable
Submit the application and wait 5 business days for resolution; Authorization or Rejection
IT IS MANDATORY:
Displayed or disseminated publicly from the date of notification of the resolution, otherwise it will be sanctioned by regulation without prejudice to the resolution.
Property awards will be displayed to the public in their offices or company premises.
Prizes in services the public diffusion will be realized by mini media exposed in the premises or mass media.
Inclusion of legend:
In print media, those authorized must include the duration, the AJ logo, and legend in their advertising. Place and date of drawing and prize giving or informing where to access the information.
In audiovisual media, the authorized must place a duration, logo AJ and legend (Activity Authorized and Supervised by the Games Authority) inform place and date of drawing and prize giving or indicate where to access this information.
On the Internet, those authorized must include images or videos, AJ logo in the advertising and establish in the header the legend to show the duration, place and date of the raffle and prize giving or otherwise indicate the link where the information is detailed
The AJ may establish in its authorization resolution any other information that the administrator must disseminate the breach will be sanctioned according to regulations
The product of the logo image and audio of the legend for television advertising closures. Legend audio for radio advertising and for banners are image and audio when applicable
* AWARDS OFFERED IN MONEY, GOODS AND / OR SERVICES:
** Property Awards:
Quantity, description, unit price and total value.
Backed with invoices, single import declaration plus customs clearance costs when the prize is imported directly and when it is produced or sold by the parent company, it will be valued or certified at market price.
Exceptionally supplier certification with details of the awards and their market price.
** Service awards:
Backed with invoice, pro forma, consumption notice.
Exceptionally original supplier certification with the details of the awards and their market price
** Money prizes:
Submit a Sworn Statement Form
LA PAZ REGIONAL.- La Paz, Oruro, Potosí
COCHABAMBA REGIONAL.- Cochabamba, Chuquisaca and Tarija
SANTA CRUZ REGIONAL.- Santa Cruz, Beni, Pando Take into account the tax address registered in the national taxpayers registry
IN CASE OF:
WITHDRAWAL.- These actions may be taken before notification of the administrative resolution.
DISCLAIMER.- You can resign even notified with the resolution, as long as the promotion has not started.
EXTINCTION.- Even the promotion has been initiated, for greater reasons or fortuitous event, the authorization is terminated, assuming the obligations generated until notification with the acceptance of the resignation.
* PRIZE DELIVERY PROCEDURE:
Prizes delivered in bulk, will be noted in a notarized record book: place, date of delivery, name and surname, identity card number, prize delivered, telephone number and signature of the winner.
When it is not possible to keep the record in the book, keep the registration information in magnetic, submit it to the AJ within 15 business days of completion of the promotion.
Delivery of prizes in two or more monthly periods, inform by letter or memorial to the AJ. Resolution date number ,, name of the promotion, quantity, description and the value of prizes delivered per monthly period, within 10 business days of the last day of the month.
Awards given through intermediaries, The holder must keep notarized records of the awards given to third parties: name or business name, identity document and place of issue or NIT, amount and description of awards delivered, date of awards, address , phone or cell numbers, signature of the receiver or responsible. The notarized registration book in legalized photocopy will be sent within 15 business days of the end of the business promotion.
When it is not possible to keep the record in the book, the registration information must be kept in magnetic. When there is a claim for the non-delivery of the prize, filed by the client in writing and attaching a photocopy of your identity document, the individual and Legal, public or private, must deliver directly within 48 hours of notification by resolution of the AJ.
Business Promotions made abroad, once legalized by the Ministry of Foreign Affairs, the original certificate or the copy legalized by a notary of public faith send it to the AJ before 10 business days. Non-compliance will be sanctioned by specific regulations of the AJ.
In the absence of winners or winners, publish the list in a visible place on their premises, for a period of 2 months away from the day following the date of awards. You can pick up your prize without the need for a notary certifying that you are the winner with a photocopy of your property card, it will also be registered in the prize delivery registration book, which will contain the place and date of delivery, name and surname of the winner, Identity document number, prize awarded, phone number and signature of the winner. A legalized photocopy of the prize delivery record book must be issued to the AJ within 10 business days from the last expiration date.
|NOT COLLECTED Awards||NO WINNER Awards|
|They expire two months after the prize delivery date, the AJ being notified by letter or memorial from 10 business days of the scheduled date
The prizes in goods, money or kind, must be transferred to the national charity and health lottery LONABOL.
In cases of service awards, these will be transferred the equivalent in national currency. In both cases the breach will be sanctioned by the AJ.
In promotions with prizes in goods or limited in quantity, within 15 days of the end of the promotion, prizes without a winner will be transferred to the LONABOL National Charity and Health Lottery.
If it is in services, the value in national currency will be transferred.
In both cases, failure to comply will be sanctioned by the AJ.
– Any modification complementation or amendment, must be made within a period not exceeding 5 days, after notification with the corresponding Resolution and is acquitted by the AJ within 5 business days by self-motivated.
– It will not be possible to reduce the amount or value of prizes, or modify the modality of awards when the promotion is in full development.
– You can increase the amount of the prizes or modify the characteristics of the prizes provided they benefit the user or consumer when the promotion is in full development.
– Before carrying out the scheduled act: modification of dates and place of the draw or chance, also of the prizes, conditions or means of access to the prize benefiting the consumer or user. Extend only twice the duration of the promotion and each extension request not exceeding 90 calendar days. Report modifications and extensions by mass media and mini media, clearly.