For these reasons, it is generally in the interest of the promoter and the price provider to enter into a written agreement detailing the details of the agreement. Whether it is a case of force majeure and/or the doctrines of impossibility, feasibility and opportunity, it is important to keep in mind that the conditions for promoting prices are governed by gambling legislation and consumer protection. Most of the rules of the competition game contain an amendment/retraction clause and also provide sponsors with considerable leeway to make decisions “at their sole discretion.” However, these amendment clauses are often limited, for example. B to provide for changes only in cases of technical problems, fraud or corruption, with limited remedies (for example. B, cancellation and choice of a winner). A well-developed amendment and removal clause should remedy the situation in the event of a delay, postponement or other circumstance that does not require termination, so that it is possible to modify the promotion so that it can, as far as possible, continue in the spirit in which it was originally envisaged, a winner having been selected according to the winner`s competition under the rules. The most important here is: (1) when organizing (or changing to) contests, promotions and events in the COVID-19 era, it is important to first check your Force Majeure and amending clauses to ensure that they give you the protection and flexibility you need; then ,2) before changing your rules and other agreements/documentations, make sure you don`t create new problems for yourself under business gaming and consumer protection legislation! Of course, we assume that the rules in question have a force majeure clause. While it is tempting to use short, standardized rules for all fare promotions if you are running a contest or contest related to or depending on an event, a Force Majeure clause is a good idea (indeed, this can apply to any contest game with a travel prize). Parties wishing to excuse or delay their performance must conduct a full assessment of the regulations, existing legislation and general industry practices to determine their best argument. Clear rules and contractual provisions are often the first line of defence. In some cases, the courts have applied the doctrine of impossibility, even though a force majeure clause was in effect.

The frustration of the doctrine has been recognized by American courts, but is not as developed as its brethren. The analysis for companies sponsoring promotions will be specific to rules, contracts and situations. For our example, there may be a difference between a contest where the winner must be announced on stage and another where the prize is a trip to the final concert. Contest sponsors have their own concerns. They depend on price providers to provide prices that are exactly as described in the official rules. Sponsors also want to avoid any risk related to the prize or the use of the prize by the winners. (If a lucky contest winner suffers food poisoning in his or her hot dog life, the sponsor wants the hospital bill price provider to be hooked.) 15.4 Full agreement; severability; and waiver.