Fust lottery does not violate lottery law

In its advertising, Fust promises to refund the purchase price of newly purchased TV sets if the Swiss national football team reaches the World Cup quarter-finals.

The electronics discounter Fust is not in breach of lottery law with its World Cup football competition with free televisions. This was the conclusion reached by the St. Gallen public prosecutor's office. It is therefore not opening criminal proceedings. In its advertising, Fust promises to refund the purchase price of newly purchased TV sets if the Swiss national football team reaches the World Cup quarter-finals. However, the buyer must also correctly complete a betting slip with three questions, and investigating judge Thomas Näf confirmed on Friday that no criminal proceedings will be opened. According to a Federal Supreme Court ruling, lotteries of this kind are not subject to the Lotteries Act. According to Näf, it remains to be seen whether gambling under the Gaming Act is involved. The Department of Finance of the Canton of St. Gallen asked Fust AG to stop the competition at the end of April. The department was of the opinion that the competition was possibly in breach of the Lottery Act because participation was linked to the purchase of a TV set.
The campaign is completely legal, based on a federal court ruling, writes Fust on its homepage. The company's legal department has thoroughly examined the campaign from a legal perspective.

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