The Prizes and Betting Secretariat of the Ministry of Finance announced today, through Ordinance SPA/MF No. 759/2024, measures that impact the distribution of prizes in the State of Rio Grande do Sul. The regulation, signed by Secretary Regis Dudena, aims to facilitate raffle, gift voucher, contest and similar operations.
Extension of deadlines and exemption from obligations
The ordinance allows the extension of deadlines for carrying out authorized commercial promotions. Therefore, this is relevant considering the state of public calamity declared as a result of weather events and intense rains in Rio Grande do Sul.
Furthermore, the ordinance waives the obligation to carry out authorized commercial promotions before its publication. This means that companies do not need to wait for approval from the Prizes and Betting Secretariat to start their promotional actions.
Below is the full ordinance
Allows the extension of deadlines, the exemption from the obligation to carry out and the addition of free distribution operations of prizes by way of advertising when carried out through a draw, gift certificate, contest or similar operation, as referred to in Law No. 5,768, of December 20, 1971, and Decree No. 70,951, of August 9, 1972, for investigations or agents domiciled in the municipalities located in the State of Rio Grande do Sul covered by Decree No. 57,600, of May 4, 2024, of the State of Rio Grande do Sul, and subsequent amendments, which declared a state of public calamity due to weather events and intense rains.
THE SECRETARY OF BETTING PRIZES OF THE MINISTRY OF FINANCE, in the use of the powers conferred on him by art. 55, item I, paragraphs “a” and “b”, of Annex I to Decree No. 11,907, of January 30, 2024, and considering the provisions of Decree No. 57,600, of May 4, 2024, of the State of Rio Grande do Sul, resolves:
Art. 1 This Ordinance allows the extension of deadlines, the exemption from the obligation to carry out and the addition of free distribution operations of prizes by way of advertising when carried out through a draw, gift certificate, contest or similar operation, to which they refer to Law No. 5,768, of December 20, 1971, and Decree No. 70,951, of August 9, 1972, for investigations carried out or to be carried out and for representatives domiciled in the municipalities located in the State of Rio Grande do Sul covered by Decree No. 57,600 , of May 4, 2024 and nº 57,603, of May 5, 2024, of the State of Rio Grande do Sul, and subsequent amendments, which declared a state of public calamity as a result of climatic events and intense rains.
Single paragraph. The provisions of the caput also apply to prize distribution operations carried out by civil society organizations, with the aim of raising additional resources intended for their maintenance or funding, and to operations to capture popular savings in advance.
Art. 2 The commercial promotions mentioned in art will not be required to be carried out. 1st authorized by the Secretariat of Prizes and Bets before the publication of this Ordinance, scheduled to occur from the entry into force of the Decrees of the State of Rio Grande do Sul that declared a state of public calamity as a result of climatic events and intense rains.
Single paragraph. The agent who chooses to carry out authorized commercial promotions must observe the provisions of the authorization, the prize distribution plan, in addition to meeting the deadlines for delivery of the prize and for reporting.
Art. 3 The representative interested in changes to the authorized prize distribution plan must submit a request for an amendment to the Prizes and Betting Secretariat through the Commercial Promotions Control System (SCPC).
Single paragraph. If the agent intends to make a second request for an amendment to the distribution plan, the electronic petition must be sent to the Prizes and Betting Secretariat through the Electronic Information System (SEI).
Art. 4 The representative who has carried out the draw and is unable to deliver the prize due to a situation resulting from the state of calamity, for regularization purposes, must make a request for an amendment to replace the prize or extend the delivery period.
Art. 5. Requests for additions provided for in this Ordinance will not be received as a new authorization request, and the provisions of art. 36, § 6, of SEAE Ordinance No. 7,638, of October 18, 2022.
Art. 6 The deadlines for rendering accounts provided for in art are extended for sixty days from the publication of this Ordinance. 47 of SEAE Ordinance No. 7,638, of October 18, 2022, which expire during the period of entry into force of the Decrees of the State of Rio Grande do Sul that declared a state of public calamity as a result of climatic events and intense rains mentioned in art. 1st until May 31, 2024.
Art. 7 The provisions of this Ordinance do not exempt the agent from obligations arising from the consumer relationship and compliance with the provisions of Law No. 8,078, of September 11, 1990.
Art. 8 This Ordinance comes into force on the date of its publication.