Rev. 2011]
Kenya Information and Communications
CAP. 411A
201
[Subsidiary]
of the promotion or special offer with the Commission for approval provided
that if no objection is made by the Commission within four days the licensee
shall proceed with the promotion or special offer.
(3) A licensee shall ensure that all Promotions and special offers—
(a) provide of information on the duration and date of the promotion
or special offer, where the same is time-bound;
Provided that no promotion or special offer shall run for more than ninety
days and be repeated before three months have elapsed.
(b) state clearly the threshold to be applied, where the duration of
the promotion or special offer is not time-bound, but subject to
attainment of a specific target;
(c) provide the terms and conditions and the details of the manner of
participation;
(d) provide clear information to its customers on the terms and
conditions of the promotion or special offer, through publication in
two local daily newspapers with nationwide circulation and where
applicable, in electronic media, sign language or any other method
that the Commission may determine;
(e) indicate and publish, where the special offer or promotion requires
the customer to pay a charge, the applicable rate;
(f) has obtained necessary approval from the Betting Control and
Licensing Board, where the special offer or promotion involves
games of chance, and inform its consumers accordingly;
(g) provide details on the minimum number and nature of any prizes,
where applicable, state if prizes are to be awarded in installments
or are to be shared among recipients;
(h) state whether or not any restrictions based on, among others, age
or the need to obtain permission to enter from an adult or employer,
to participation apply;
(i) provide the name and business address of the licensee in the case
of direct promotions or, particulars of third parties in the case of
indirect promotions;
(j) promoters do not overstate the consumers’ chances of winning
prizes; and
(k) a not discriminatory or anti-competitive.
(4) Prior to the launch of a promotion or a special offer a licensee shall
submit a statement of compliance with paragraph (3) to the Commission.