The Danish Gambling Au-
thority’s guide on sales
promotion
Version XX March 2024
The Danish Gambling Authority’s guide on sales promotion
Page 1
Table of contents
Version history ........................................................................................................................................................................................... 2
Version 4.1 of 14 March 2022 ....................................................................................................................................... 2
Version 4.2 of 7 March 2024 .......................................................................................................................................... 2
1. Introduction ............................................................................................................................................................................... 3
2. Definition of sales promotion ....................................................................................................................................... 5
2.1 Cashback and similar loyalty programmes .......................................................................................... 6
2.2 Extra chances of winning ............................................................................................................................... 7
2.3 Tournaments/ranking lists ............................................................................................................................ 7
2.4 Draws and similar ............................................................................................................................................... 7
2.5 Jackpots .................................................................................................................................................................. 8
2.6 Boosted odds ....................................................................................................................................................... 8
3. Guidelines for marketing sales promotion .......................................................................................................... 9
3.1 The value of the sales promotion ........................................................................................................... 10
3.1.1 Market value ....................................................................................................................................................... 10
3.1.2 When is it one or more sales promotions? ........................................................................................ 10
3.1.3 The value of the sales promotion in connection with draws and similar ........................... 10
3.2 Playthrough requirements ......................................................................................................................... 11
3.2.1 Commission-based games ........................................................................................................................ 12
3.3 Who are offered the sales promotion? ................................................................................................ 12
3.4 Clear and visible information about the offer ................................................................................... 13
3.4.1 Terms and conditions of the sales promotion ................................................................................. 13
3.4.2 Types of media ................................................................................................................................................. 14
3.5 A minimum of 60 days to meet terms and conditions for a sales promotion ................. 18
4. Additional provisions on marketing of gambling services..................................................................... 19
4.1 The Danish Act on Gambling section 36(1) ....................................................................................... 20
4.2 Statutory disclosure when marketing gambling activities ......................................................... 20
4.3 Marketing to self-excluded players ....................................................................................................... 20
4.4 The Danish Marketing Practices Act ...................................................................................................... 20
The Danish Gambling Authority’s guide on sales promotion
Page 2
Version history
Version 4.1 of 14 March 2022
• Section 2.1: Elaborative description of cashback and similar loyalty programs
• Section 2.2: Addition of a new section defining and describing extra chances of win-
ning.
• Section 2.3: Addition of a new section defining and describing tournaments and
rankings.
• Section 2.4: Addition of a new section defining and describing draws and similar.
• Section 3.1.3: Change of the calculation of the sales promotion’s value at draws.
• Section 3.4.2.1: Elaborative description of media with unlimited space
• Section 3.4.2.3: Addition of third-party websites under media with unlimited space
and a clarification of banner ads on third-party websites being a media with limited
space.
Version 4.2 of 7 March 2024
• Update of layout
• Update of the rules on land-based betting: Change in requirement for reference to
ROFUS
The Danish Gambling Authority’s guide on sales promotion
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Introduction
1
The Danish Gambling Authority’s guide on sales promotion
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This guide is aimed at gambling operators and other relevant stakeholders. The guide is a
supplement to the gambling legislation’s chapters on sales promotion.
If a gambling operator offers consumers a sales promotion, various requirements must be
met in this connection. The rules on this are stated in chapter 9 of the Executive Order on
online casino, chapter 10 of the Executive Order on land-based betting and chapter 8 of the
Executive Order on online betting.
This guide expresses how the Danish Gambling Authority interpret the provisions on sales
promotion and which practices are legal according to the Danish Gambling Authority’s as-
sessment. The Danish Gambling Authority will use the guide in monitoring gambling opera-
tors’ compliance with the rules in the executive orders mentioned. The provisions on sales
promotion are interpreted in accordance with the practice of the Danish Marketing Practices
Act.
The examples mentioned in the guide serve as a practical guide. The examples are measures
aimed at defining and illustrating how the rules are understood in practice. It is emphasised
that these are merely examples of how sales promotions can be made. The guide expresses
the Danish Gambling Authority’s general recommendations in relation to typically occurring
marketing situations for promotions. However, it will always depend on a specific assessment
of whether sales promotion is made in accordance with the rules of the gambling legislation. It
is the courts that ultimately decide whether the provisions have been violated.
The guide is not exhaustive and will be updated regularly by the Danish Gambling Authority.
The update will mainly be based on the developments in the set of rules and in practices.
It should be noted that the rules on marketing of gambling activities apply to all parties that
market gambling products and not only gambling operators. This means that the rules also
apply to affiliates.
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Definition of sales pro-
motion
2
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The concept of “sales promotion” is not defined in the gambling legislation’s executive orders
nor in the preparatory works to the Danish Act on Gambling.
The definition in this guide therefore only expresses how the Danish Gambling Authority in-
terpret sales promotion and which practice is applied by the Danish Gambling Authority in the
future.
The Danish Gambling Authority assess that sales promotion include all those measures of-
fered by a gambling operator to consumers with a commercial intention, regardless of
whether separate payment is required.
Sales promotion will typically be measures used for a limited period under certain conditions
and which usually are intended to promote the sale of goods by offering the consumer the
impression of a financial advantage, for example by offering a welcome bonus.
Below are examples of sales promotion. The list is not exhaustive.
• Bonus offers
• Free promotional gifts
• Free bet/ Free spin
• Competitions
• Draws
• Today’s/ this week’s/ this month’s offer, for example “World Cup offer”
• Price reduction e.g., 50% off spins
• Favourable odds to selected players
The Danish Gambling Authority are of the opinion that the term must be interpreted broadly,
which is why other and new marketing methods are also taken into account and in principle
covers any measures taken to attract new players and retain existing players.
2.1 Cashback and similar loyalty programmes
The Danish Gambling Authority assess that cashback and similar loyalty programmes in
some cases are considered a part of the prize structure. If the prerequisites are not met, the
scheme will not be considered sales promotion.
Cashback and similar loyalty programmes are systems where a share of the value is returned
to the player based on the players activity. For example, a share of the players loss the previ-
ous week.
The reimbursement can either be money in the gambling account or game opportunities such
as free spins/free bets or similar.
If the system is a permanently integrated part of the gambling operator’s provision of gam-
bling and is offered to all players on equal terms and conditions regardless of how much
money is spent and does not increase if the player spent more money, it speaks in favour of
considering the system as a part of the prize structure. Especially if the customer cannot opt
out of the system.
The determining factor is that the value is set so that no players are overlooked or given pref-
erential treatment compared to others. The values can be different; however, the increase
must be attributed to a linear progression. In addition, it cannot depend on chance whether
the reimbursement takes place. The reimbursement must take place as soon as the condi-
tions for it are met. The reimbursement can be made in set intervals, for example, once a
week if the intervals appear from the terms and conditions.
For example, it would comply with the above interpretation to offer all current players 5 per-
cent of their spending a given week returned. It is crucial that the offer applies to all players
without further terms and conditions.
The Danish Gambling Authority’s guide on sales promotion
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However, if the system only rewards a particular group of players or it only applies to particu-
larly high odds or it only applies for a limited period, the Danish Gambling Authority assess
that the system is sales promotion.
It should be noted that all matters concerning the scheme/system depends on a specific as-
sessment of the case.
2.2 Extra chances of winning
The Danish Gambling Authority assess that extra chances of winning in some cases can be
sales promotion, while in other cases it will be considered a part of the prize structure.
If the system is an integrated part of the integrated part of the gambling operator’s gambling
offers, which is offered to all players on equal terms and conditions, where the players are not
competing against each other, and which have set, well-defined terms and conditions for win-
ning a prize, it indicates that the system is part of the prize structure. It especially speaks in fa-
vour of this if the customer cannot opt out of the system. It must be clear to the player when
they have won, and the prize must be paid out as soon as the terms and conditions are met.
Among other things, this means that the prize cannot depend on other players’ performances.
If the system rewards a special group of players or a system which is not recurrent, it indi-
cates that the system is sales promotion. Systems where the extra chance of winning is a
competition against other players are considered sales promotion and are defined by the
Danish Gambling Authority as a tournament/ranking list (see item 2.3).
2.3 Tournaments/ranking lists
Tournaments/ranking lists are systems where the player via his stake in a game also partici-
pates in a separate competition against other players. The separate competition applies dur-
ing a fixed period and is not an integrated part of the game where the stake is placed. The
game in which the player participates with a stake, for example on a gaming machine, is not
affected by other players, but in the separate tournament/ranking list players compete
against each other. This means that the individual player’s ranking in the tournament/on the
ranking list depends on the performance of other players.
The Danish Gambling Authority assess that separate tournaments/ranking lists in connection
with games are considered sales promotion and are subject to the rules on this. In this con-
nection, we especially emphasize the rule that requirements for stakes/deposits to achieve a
sales promotion must 100 percent equal the value of the sales promotion.
Games that are traditionally pools games (poker tournaments, online bingo, manager games
etc.) are not considered separate tournaments/ranking lists since the player’s position in
these cases is an integrated part of the prize structure of the game.
2.4 Draws and similar
A sales promotion may be a draw for a prize where the consumer is offered a ticket to partici-
pate in such a draw. It may also be a guessing competition in which the consumer must cor-
rectly answer a number of questions to participate in the competition to win a prize which is
drawn among those who answer correctly.
At this type of sales promotion, the gambling operator must pay extra attention to the value of
the ticket, which cannot exceed DKK 1000 and ensure that the value of the ticket complies
with the 1:1 rule. You can read more about the calculation of the value of the ticket under item
3.1.3.
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2.5 Jackpots
The Danish Gambling Authority assess that jackpots offered in connection with provision of
casino are considered a permanent part of the game and prize structure, and thus, it is not
sales promotion, unless the jackpot is reserved for particular players.
2.6 Boosted odds
The Danish Gambling Authority assesses that “boosted odds” can be considered sales pro-
motion in cases, where the boosted odds are assessed to have a commercial intent rather
than be part of the gambling operator’s price determination.
The Danish Gambling Authority assesses that boosted odds cannot be considered sales pro-
motion if the following conditions are met:
1. The boosted odds are offered to everyone. This means that the odds must be publicly
accessible to any person, and it must not be possible to place the same bet at other odds
with the gambling operator.
2. The boosted odds must not be offered at certain terms and conditions. This. Means, for
example, that there cannot be a requirement of a minimum stake.
If the requirements are not met, the boosted odds can be considered sales promotion based
on an assessment of the specific offer. If the boosted odds are considered sales promotion,
the provisions of the executive order will enter into force.
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Guidelines for marketing
sales promotion
3
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3.1 The value of the sales promotion
The value or average value of a sales promotion must not exceed DKK 1,000.
The value of the sales promotion is calculated at the time when the promotion is offered, for
example, if a welcome bonus of DKK 500 for an online casino is offered, the value of the pro-
motion is DKK 500 and not the future winnings. For other winnings than cash, the value must
be calculated based on the market value, see more in section 3.1.1.
If the sales promotion comes with a requirement of a deposit on an account or a stake in a
game to take advantage of the sales promotion, the requirement for the deposit on the ac-
count or stake in the game must equal 100 per cent of the value of the promotion offered.
In practice, this means that if a sales promotion of DKK 500 is offered, the requirement for a
deposit on the account or stake in the game, if it is required, must be DKK 500. The sales pro-
motion must always have the same value as the requirement for deposits on the account or
stakes in the game. Accordingly, this means that 25 free spins cannot be offered in connec-
tion with the above example as the value of the sales promotion in this case would exceed
the requirement of a stake.
See section 3.4.2.5 below on cases where there is no requirement for deposits on an account
or stakes in a game to obtain a sales promotion.
3.1.1 Market value
The market value is the value for which a consumer can usually sell or buy the product con-
cerned.
It is the gambling operator’s responsibility to prove that the sales promotion has the stated
market value.
The market value may be difficult to determine in case of a product that is normally not sold
or bought on the market, for example a meet and greet with a football player. In this case, it is
imperative that the gambling operator considers what it is expected that people will pay for
such an experience. These considerations must be documented for later supervision by the
Danish Gambling Authority.
3.1.2 When is it one or more sales promotions?
It depends on a specific assessment of the case when deciding whether there are one or
more sales promotions offered independently of each other.
If the sales promotion is offered over several days and the player is required to participate all
days, the Danish Gambling Authority assess that it is a single promotion. If it is possible to par-
ticipate on any day independently of each other, it is considered several sales promotions.
If several sales promotions are marketed collectively, it will be considered one sales promo-
tion.
3.1.3 The value of the sales promotion in connection with draws and similar
It can be difficult to determine the value of the ticket or the participation in a guessing compe-
tition that must not exceed DKK 1,000. The gambling operator is responsible for accounting
The Danish Gambling Authority’s guide on sales promotion
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for the value of the ticket or the participation. The value of the ticket depends on the total
value of the prize pool. If 200 consumers are offered to participate in the draw for a car worth
DKK 100,000, the Danish Gambling Authority assess the value of the ticket to be DKK 500
(DKK 100,000 divided by 200 consumers). What matters is how many consumers the gam-
bling operator assesses will participate in the draw. This means that it is not crucial how many
the ticket is offered to or how many consumers accept the offer.
Gambling operators must take special care if participation in a draw or a competition requires
a deposit to the account or stake in a game. The stake/deposit must equal the exact value of
the ticket for the individual player. This means that it will not be possible to vary the value of
the ticket from player to player if the prize is fixed. The value of the ticket cannot be calculated
based on an average value.
In case of a situation where all who place DKK 100 on a given football match participate in a
draw for a car, the ticket must have an exact value of DKK 100 equalling the stake in the
game.
If a specified group of players, for example all who have placed DKK 100 on a given football
match and are subsequently offered to participate in a draw for a car, and where the draw
was not known to the customer at the time of the purchase, the draw is considered free and
therefore, the value must not exceed DKK 1,000.
It should be noted that direct payment for participation in draws and similar are not allowed,
since this is considered a lottery which requires a licence.
3.2 Playthrough requirements
If a playthrough requirement is attached to the sales promotion, it must not be more than 10
times the value of the deposit on the account or stake in the game plus the amount awarded.
See section 3.2.1 for special rules on playthrough requirements applicable to commission-
based games.
A sales promotion of DKK 100, which is offered in connection with a deposit of DKK 100 to an
account, for example, can involve a playthrough requirement of 10 times, which both applies
to the sales promotion of DKK 100 and for the deposit on the account of DKK 100. In this case,
where a playthrough requirement is attached to the requirement for a deposit on the account,
the promotion cannot be marketed as free of charge, see section 3.4.2.5.
If a playthrough requirement is attached to the sales promotion, an example must be pro-
vided, which shows the amount to be gambled before any winnings from the game can be
transferred to the player’s own bank account. The example must be provided in a clear and
visible manner directly alongside the offer and must be stated in the currency in which the
game is played.
The games that can be played to meet the playthrough requirement attached to the sales
promotion must contribute 100 per cent to meeting the playthrough requirement. Thus, some
games cannot contribute 50 per cent regardless of whether this is clearly stated.
The player must have a minimum of 60 days to meet any terms and conditions that are con-
nected to the payout of the sales promotion, for example the playthrough requirement.
No playthrough requirements must be attached to the winnings gained through sales promo-
tions. This is regardless of whether the prizes are won in a competition, or the prizes are won
in a game that requires a licence.
If the prize of the sales promotion for example is free spins, a playthrough requirement must
not be attached to these. If the sales promotion is a “deposit DKK 100 to your account and
The Danish Gambling Authority’s guide on sales promotion
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receive DKK 100” offer, a playthrough requirement can be attached to the deposit of DKK 100
and the sales promotion of DKK 100.
3.2.1 Commission-based games
Commission-based games are e.g., poker and betting exchanges.
If a playthrough requirement is attached to the sales promotion offered at commission-based
games, there is a special requirement that it must not exceed half of the promotion awarded
to the player.
This is played through via the commission.
In fulfilling the playthrough requirement, only the commission with which the player has di-
rectly contributed is included.
If a player is, for example, awarded DKK 100 as a sales promotion, the playthrough require-
ment must not exceed DKK 50. The DKK 50 is solely the player’s share of the commission. In
case of a pool of DKK 100, where two players have contributed with DKK 50 each, and where
the commission is 4 per cent, the commission will only amount to DKK 2 per player, equiva-
lent to the player’s share of the commission. The player will additionally have to play through
DKK 48.
The rules on playthrough requirements mentioned above, except for the rule on a play-
through requirement of 10 times, does also apply to sales promotions made at commission-
based games.
3.3 Who are offered the sales promotion?
Sales promotions must not be offered to individual players on terms and conditions that differ
from offers given to other players. On the contrary, sales promotions must be offered to all
players who gamble within the same set range or who meet another criterion.
A set range may for example be DKK 100 – DKK 200.
Another criterion may for example be players who have previously bet on ice hockey
matches, or players residing in Copenhagen.
What matters is that the range or another criterion is set so that the sales promotion is offered
to at least 100 Danish consumers. It does not matter whether all 100 consumers accept the
offer, but all 100 must have a fair chance to do so.
In principle, all consumers who are offered the promotion must receive the offer at the same
time. There may be exceptions to this, for example of all existing players are offered a birth-
day offer received on the individual player’s birthday. This requires that the gambling operator
has at least 100 players upon the start of the offer and that the offer applies for a year.
A player’s inactivity with a gambling operator must not be a selection criterion when awarding
sales promotions. Thus, a promotion cannot be offered to all players who have been inactive
for a certain period.
However, a sales promotion can be offered to players who have not yet logged in or have not
made a deposit. The crucial point is that the player’s inactivity does not determine whether
the player is offered a promotion. Accordingly, it is allowed to offer all players a sales promo-
tion, including those who have been inactive.
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The gambling operator is responsible for proving to the Danish Gambling Authority the range
or criterion selected when offering sales promotions. The gambling operator is also responsi-
ble for proving to the Danish Gambling Authority that at least 100 consumers have been of-
fered the sales promotion.
The Danish Gambling Authority consider a sales promotion offered when it has been offered
in person, sent via letter, e-mail or SMS. The offer may also be made on the gambling opera-
tor’s own website, via banner advertisements, via TV commercials, via social media or similar,
if it is estimated that the offer will reach more than 100 consumers.
For example, in the gambling operator’s assessment of whether the offer is given to at least
100 consumers, it should be included how many has visited the website on which the offer is
made, or how many follows the social media account, if the offer is made on this platform.
3.4 Clear and visible information about the offer
When marketing sales promotions, all terms and conditions must be provided in a clear and
visible manner directly alongside the offer of the promotion. This means that a sales promo-
tion must be presented and described in a loyal and balanced way in terms of advantages
and disadvantages.
By clear is meant that the terms and conditions must appear and be formulated correctly and
in such a way that they are understandable and easily legible. This means that the terms and
conditions must not give rise to misunderstandings and ambiguities or misinterpretations,
and that they should not include unnecessary information that may contribute to confusion
and doubt.
By visible is meant that the sales promotion and its terms and conditions should appear loyal.
In assessing this, it must be emphasised that the terms and conditions are written in a way
that makes it immediately readable and understandable in relation to font size, font colour
and design in general.
3.4.1 Terms and conditions of the sales promotion
When a gambling operator offers a consumer a sales promotion, the Danish Gambling Au-
thority assess that the terms and conditions of the offer must be listed directly alongside the
offer.
The listing of terms and conditions must be done in a way to appear clear and visible to the
consumer to ensure that the consumer is well aware of what he is accepting upon receiving
the sales promotion.
In the list of terms and conditions, conditions and restrictions should be listed in a prioritised
order according to their significance.
In the list of terms and conditions, general terms and conditions for gambling with the opera-
tor should not appear, for example how to make a complaint. Nor should terms and condi-
tions that do not apply to the specific sales promotion appear from the list.
Thereby, it is only the terms and conditions relevant to the promotion offered, that should ap-
pear from the list of terms and conditions, which appears directly alongside the offer. The pur-
pose of this is to make it as clear as possible to the consumer.
The Danish Gambling Authority assess that the general terms and conditions should be in-
cluded in an independent section at the end of the list of terms and conditions. It is sufficient
to refer directly to general terms and conditions at the end of the list of terms and conditions.
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Gambling operators should pay particular attention to the number of terms and conditions at-
tached to a single sales promotion. The Danish Gambling Authority assess that the sales pro-
motion may appear unclear if too many terms and conditions apply.
3.4.1.1 Significant terms and conditions
All significant terms and conditions applicable to the sales promotion must be disclosed at
the first presentation of the offer.
It is always up to the gambling operator to determine whether a term or condition is signifi-
cant or not. In assessing this, it must be considered whether the term or condition is likely to
affect the consumer’s decision about accepting the sales promotion.
Below are examples of terms and conditions that are always considered significant according
to the Danish Gambling Authority’s assessment:
• That a sales promotion only applies to a limited group of consumers, e.g., new customers.
• That there is a playthrough requirement, including an example.
• That a minimum stake must be gambled to contribute to the fulfilment of the playthrough
requirement.
• That there is a deposit requirement.
• That not all games contribute to the playthrough requirement.
• That there is a time limit to fulfil the conditions attached to the sales promotion, for exam-
ple that a playthrough requirement must be fulfilled within a period of 60 days.
• That a maximum of X can be won for funds from the sales promotion.
• That there is a maximum stake in the game, for example a stake limit of DKK 50 or 10 per
cent of ta bonus per stake in the game. If winnings can be confiscated when the limit is ex-
ceeded, this is also considered a significant condition.
It should be noted that this is not an exhaustive list, and it will always depend on a specific as-
sessment of whether a condition is significant.
In addition, it will not be sufficient merely to state which terms apply, as the term itself must
be specified. It will not be sufficient to state that a playthrough requirement applies, it must be
specified what the requirement is, for example a playthrough requirement of 10.
Depending on the type of medium, there may be cases, where it is not possible to disclose all
significant terms and conditions at the first presentation of the offer. In such case, it may be
sufficient that they can be found one click away. In relation to media type, a distinction is
made between whether it is a media with limited or unlimited space. These are reviewed be-
low.
3.4.2 Types of media
The gambling operator should always consider whether a chosen media type is appropriate
to loyally present the sales promotion.
The guidelines for media with unlimited and limited space are reviewed below.
3.4.2.1 Media with unlimited space
When marketing on its own platforms and media, the gambling operator disposes of the
space, which is why the Danish Gambling Authority assess that there is unlimited space to
specify terms and conditions of the sales promotion.
All terms and conditions should this be presented directly alongside the offer, which is, in
principle, simultaneously with the presentation of the sales promotion.
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However, the Danish Gambling Authority assess that it is sufficient only to disclose the signifi-
cant terms and conditions at the first presentation of the sales promotion if, at the first
presentation, direct links for the additional terms and conditions are provided, thereby no
more than one click away.
The above applies to all cases where the media provides sufficient space to inform players of
all or some significant terms and conditions in the add – regardless of whether it is the gam-
bling operator’s own platform or media.
3.4.2.2 3.4.2.1.1 One click away
By one click away is meant that all terms and conditions must be available only one click
away from the first presentation of the sales promotion. This applies regardless of whether
the consumer clicks on the presentation of the sales promotion.
This means that regardless of where the consumer clicks on a presentation of sales promo-
tion, the consumer must be directed to all terms and conditions for the sales promotion.
When the consumer has clicked on the offer and is directed to the full presentation of terms
and conditions, it may be necessary that the consumer scrolls to see all terms and conditions.
This is considered compliant with the rule on one click away if it is clear to the consumer that
it is necessary to scroll.
3.4.2.3 Media with limited space
In media with limited space, it is not always possible to reproduce all significant terms and
conditions at the first presentation of the sales promotion. Therefore, in some cases, it is ac-
cepted only to state that terms and conditions apply to the sales promotion.
It always depends on a specific assessment of whether the media provides space for repro-
ducing significant terms and conditions regardless of whether it is a limited space media.
There may be cases, where it is only possible to reproduce some of the significant terms and
conditions.
3.4.2.4 Examples of media
In the table below, various media are reviewed as well as the terms and conditions that must
be provided upon the first presentation of the sales promotion according to the Danish Gam-
bling Authority’s assessment.
This is only in relation to whether the offer is presented clearly and visibly.
Notes
Media with unlimited space
Own platform, e.g.,
website or app
When marketing a sales promotion on one’s own platform, all significant terms and conditions must ap-
pear from the first presentation of the sales promotion. Additional terms and conditions cannot be more
than one click away from the first presentation of the sales promotion.
When marketing a sales promotion via e-mail, all significant terms and conditions must appear from the
first presentation of the sales promotion. Additional terms and conditions cannot be more than one click
away from the first presentation of the sales promotion.
Marketing on a
third-party website
When marketing a sales promotion on a third party’s website, for example affiliate marketing, significant
terms and conditions must in principle appear from the first presentation of the sales promotion. The
additional terms and conditions must not be more than one click away.
In smaller ads, where all significant terms and conditions cannot appear clearly it can instead be men-
tioned that terms and conditions apply as well as some of the significant terms and conditions. It de-
pends on an assessment of the specific case and the gambling operator should always consider
whether the chosen type of media is appropriate to present the promotional offer loyally.
Media with limited space
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Page 16
Notes
When marketing a sales promotion via radio, it will suffice to mention that terms and conditions apply. If
a deposit is required, this must also be mentioned.
TV and cinema
commercials
When marketing a sales promotion via TV or cinema commercials, it must be communicated via speak
and/or text that terms and conditions apply. Significant terms and conditions must be disclosed to the
greatest extent possible.
The text must always appear readable to the consumer, which is why it must appear on the screen long
enough for the consumer to read and understand the text.
When marketing a sales promotion via SMS, it must be stated that terms and conditions apply to the
sales promotion. In addition, there must be a link that directs the consumer directly to the offer in full,
where significant terms and conditions must appear. The additional terms and conditions must not be
more than one click away.
Marketing on a
third-party website
– banner ad
When marketing a sales promotion on a third party’s website via banner advertisements or similar, it is
usually sufficient to mention that terms and conditions apply. In the marketing must be provided a direct
link to the offer in full, where significant terms and conditions must appear.
In case of larger advertisements, it is assessed that there is sufficient space to state all or some of the
significant terms and conditions in the advertisement.
When marketing a sales promotion via Google Ads, it is sufficient to mention that terms and conditions
apply. In the advertisement must be provided a direct link to the offer in full, where significant terms and
conditions must appear. The additional terms and conditions must not be more than one click away.
Printed media When marketing a sales promotion in printed media e.g., in magazines and newspapers, it is sufficient
to state that terms and conditions apply to the sales promotion. In the advertisement, it must be stated
where the terms and conditions are available.
In case of larger advertisements, it is assessed that there is sufficient space to state all or some of the
significant terms and conditions in the advertisement.
It should be noted that the requirements do not differ depending on the technical platform.
Thereby, the requirements are identical regardless of whether the offer of the sales promo-
tion is presented on a mobile phone, tablet, or computer.
3.4.2.5 Social media
When marketing on social media, a distinction must be made between marketing on one’s
own page or profile and marketing via banners and similar adverting.
When marketing on one’s own pages or profiles on social media, it is considered a media with
unlimited space, see section 3.4.2.1 for the requirements for this. What matters is that the
gambling operator has full control of the media. If the social media in question is limited as to
how many characters or words are possible to write, the Danish Gambling Authority will of
course not consider it a media with unlimited space.
The Danish Gambling Authority assesses that posts that include both text and a photo will be
considered a single unit, which is why both the text and photo is considered the first presen-
tation of a sales promotion. This means that significant terms and conditions must appear
from the photo and/or the text attached to the photo when the gambling operator offers
sales promotions on social media.
If it is only the significant terms and conditions that appear from the first presentation of the
offer, the additional terms and conditions must be available no more than one click away.
When marketing via banners and similar advertisements, such as banners on Facebook, paid
stories and posts on Instagram, it is considered a media with limited space, see section
3.4.2.2 for the requirements for this. If possible, there must be a direct link to the presentation
of the sales promotion, including terms and conditions.
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Marketing on YouTube via commercials between video viewing is equated with TV commer-
cials, read more about the requirements in section 3.4.2.3. In addition to this, it is required that
there is a direct link to the presentation of the offer of the sales promotion, including terms
and conditions.
Gambling operators are responsible for ensuring that all domains registered with the Danish
Gambling Authority and its profiles on social media comply with the current regulations.
This means that the Danish Gambling Authority assesses that profiles on social media refer-
ring to or linking to approved domains must comply with the duty of disclosure and the rules
on sales promotion. This also applies to “.com” domains.
3.4.2.6 Special rules regarding the use of “free”
If a sales promotion is offered free of charge, the gambling operator must be aware that the
rules on sales promotions still apply. What is offered free of charge must not have a value of
more than DKK 1000, among other things.
The Danish Gambling Authority assess that a gambling operator cannot offer a consumer an-
ything free of charge without it being a sales promotion, as it is presumed that it will always
have a commercial purpose.
When a sales promotion is offered free of charge, gambling operators must pay special atten-
tion to how the offer is presented to the consumer to ensure that the offer is clear and visible.
If the sales promotion is subject to special restrictions, such as requirements for the creation
of an account, playthrough requirements or similar, it must be clearly stated.
The Danish Gambling Authority assess that a sales promotion that is offered free of charge
can be playthrough requirements or other restrictions if the consumer still has a real chance
of winning a prize – so the free offer is not illusory.
If sales promotions are offered free of charge in connection with a requirement of a deposit to
the account or stake in a game, the gambling operator must be particularly careful with the
presentation of the offer. If an offer includes that the consumer receives 100 free spins (of a
value of DKK 100) upon depositing DKK 100 to the account, the Danish Gambling Authority
assess that it is in violation of the law to present the offer as “get 100 free spins”. If it is pre-
sented as “deposit DKK 100 on your account and get 100 free spins”, the Danish Gambling
Authority find that the offer is presented clearly and transparently. This is compliant with the
rules of the Danish Marketing Practices Act, where “buy 2 and pay for 1” offers can be offered
and marketed legally.
When a sales promotion is offered free of charge in connection with a requirement for a de-
posit on an account or a stake in a game, it still applies that the requirement for the deposit on
the account or stake in the game must equal 100 per cent of the value of the sales promotion.
It should also be noted that the product paid for must not be reduced to cover the cost of the
promotion offered free of charge. For example, it is not legal to attach a playthrough require-
ment to the deposit on the account.
See the Consumer Ombudsman’s statement on this of 29 February 2016.
3.4.2.7 Legal practice
On 14 October 2020, the court in Odense passed verdict in three cases on presentation of bo-
nus offers, which the Danish Gambling Authority has reported to the police. The verdicts were
about the previous Executive Orders, but the provision has the same wording as in the new
Executive Orders.
The court ruled that the Danish Gambling Authority, in the three cases, had correctly assessed
how terms and conditions of a bonus offer is presented clearly and visibly, directly alongside
the offer.
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The cases involved the following terms and conditions:
• Limitation to the games that contribute to meeting the playthrough requirement.
• Players qualified to receive the offer.
• Deposit requirements.
• Time limitations.
• Playthrough requirements.
• Limitations to winnings.
• Stake limit per stake
• Deposits split in two.
The court found that the terms and conditions listed are considered significant, and that they
must be presented at the first presentation of the offer, when the offer is given on the gam-
bling operator’s own website.
The court also found that the additional terms and conditions of the offer cannot be more
than one click away.
In the specific cases, the gambling operators were acquitted, as the court found that the gam-
bling operators had displayed simple negligence.
3.5 A minimum of 60 days to meet terms and conditions for a
sales promotion
If payouts of sales promotions come with terms and conditions, the player must have a mini-
mum of 60 days to meet the terms and conditions. This follows from section 29(9) of the Ex-
ecutive Order on online casino, section 22(9) of the Executive Order on land-based betting,
and section 22(9) of the Executive Order on online betting.
The Danish Gambling Authority assess that the provisions apply to terms and conditions that
must be met to receive any payouts from the sales promotion. The Danish Gambling Author-
ity assess that the provisions do not cover the sales promotion itself. Thus, a limited period of
validity can apply for the player to make use of a bonus received as a sales promotion without
it being a breach of the provisions. However, it is crucial that the sales promotion is free for the
player to use without any further conditions.
The Danish Gambling Authority does not assess that the provisions affect the period in which
the sales promotion is offered to players.
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Additional provisions on
marketing of gambling
services
4
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When marketing gambling activities in Denmark, there are various additional rules that gam-
bling operators must be aware of. The rules are briefly reviewed below and are only included
in the guide to provide an overview of the rules in force in Denmark.
4.1 The Danish Act on Gambling section 36(1)
It appears from section 36(1) of the Gambling Act that marketing of gambling:
• Shall present the chance of winning in a correct and balanced manner that does not create
an impression that the chance of winning is greater than it actually is,
• Shall focus on gambling as a form of entertainment,
• Shall neither in form of communication or choice of media, target children and young peo-
ple under the age of 18,
• Shall not by using well-known personalities, contrary to the truth, imply that participation in
gambling has contributed to their success, and
• Shall not have a content that conveys the impression that participation in gambling activi-
ties promote a solution to financial problems or the player’s social acceptance.
4.2 Statutory disclosure when marketing gambling activities
It follows from chapter 8 of the Executive Order on online casino chapter 9 of the Executive
Order on land-based betting, and chapter 7 of the Executive Order on online betting that there
are a number of statutory requirements for disclosure when marketing gambling activities.
Gambling operators must in their marketing inform about:
• The minimum age for gambling
• The Danish Gambling Authority’s helpline about responsible gambling, and
• The opportunity to self-exclude with the register of self-excluded players (ROFUS)
In addition, gambling operators must use the Danish Gambling Authority’s labelling scheme in
their marketing. The label must be easily visible.
4.3 Marketing to self-excluded players
The gambling operator must take measures to prevent sending marketing materials to play-
ers who have, temporarily or permanently, self-excluded from gambling.
This is ensured by consulting ROFUS, which is why it is not possible for affiliates to send di-
rect marketing to consumers as they do not have the option of consulting ROFUS because
this requires the consumer’s civil registration number.
4.4 The Danish Marketing Practices Act
When gambling activities are marketed in Denmark, the rules of the Danish Marketing Prac-
tices Act also apply. The Danish Marketing Practices Act is under the supervision of the Con-
sumer Ombudsman.
If the Danish Gambling Authority, in its supervision of the market, finds violation of the Danish
Marketing Practices Act, the case is forwarded to the Consumer Ombudsman for the purpose
of any further processing of the case.
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