Urgent: Question concerning the requirements of a Raffle apps that are without consideration

Question

Created Mar ’17

Replies 3

Boosts 0

Participants 3

Hi,

i had the below back-and-forth e-mails with the Apple Dev support team, but my question is still unasnwered - Can someone help? The thing is, I cannot pay for the developement of the app and then figure out whether it's ok with apple or not - I understand that Apple cannot provide an official approval now on any app that is just an idea not submitted for reviews, but this is not what I am asking for. I simply need a few clarifications and guidance.

Many thanks in advance!!

Date: March 21, 2017 at 20:38:02 GMT+2

To: "appreview@apple.com" <appreview@apple.com>

Subject: Re: App Store Review

Hi,

Any updates? Could you please tell me who should i contact?

Please it is very urgent.

Thanks

On Mar 15, 2017, at 17:18, wrote:

Many thanks.

When do you expect them to get back to me?

Thanks again

On Mar 10, 2017, at 01:11, "appreview@apple.com" <appreview@apple.com> wrote:

Hello,

Thank you for contacting App Store Review regarding the questions you have for your app.

We are not able to preapprove proposed app ideas or concepts without reviewing the app itself. Therefore, we recommend that you submit your app for review.

We have forwarded your case to the appropriate team for review, and they will follow up with you directly.

We hope this information has been helpful.

Best regards,

App Store Review

On Mar 9, 2017, at 14:15 wrote:

General

Developer Info

Developer
Contact Org. (Team):
PRS ID:

App Info

App Name: in progress
App ID: n/a
Related Apps: n/a
Platform: ios
Release: appstore

Technologies

n/a

Request Reason

To Whom it may concern,

I am writing to get more details on the app store review guidelines. Under section 5.3.4, yo note the following: \"Apps that offer real money gaming (e.g. sports betting, poker, casino games, horse racing) or lotteries must have necessary licensing and permissions in the locations where the App is used, must be geo-restricted to those locations, and must be free on the App Store. Illegal gambling aids, including card counters, are not permitted on the App Store. Lottery apps must have consideration, chance, and a prize.\"

My questions are:

1) Does this mean that if I were to have the app available in the Lebanese app store, I need a license from Lebanon, if I also want it available in the UAE app store, then I need another license from UAE, etc.? I ask because I spoke with my lawyer and he told me that I just need to license it in one country, and then other people from other countries can directly participate since this is all done online (so from country\'s perspective this is not a problem, but it is one for Apple?)

2) Assuming the above to be true, if we look at the last sentence \"Lottery apps must have consideration, chance, and a prize\", does this mean that if an app (such as in our case) has only chance and prize, without consideration, does this mean that these rules do not apply to our app? to be eligible for the raffle, our users just need to give us 1min of their time - they log in to our app, spend 1 min according to some instructions, and then they get a ticket for the raffle for a chance to win cash or non-cash prizes (note that people can\'t get more tickets, it\'s just 1 ticket per draw per user for 1min).

Many thanks in advance

Support email from Apple

03/09/2017 - 15:10 PM

Your support Advisor has a follow-up message for you.

For more information, please open this email on your iPhone.

*Disclaimer: This is for representational purpose only. Please validate it on the actual device.

Boost

Answer 1

KMT OP

Mar ’17

>i had the below back-and-forth e-mails with the Apple Dev support team, but my question is still unasnwered -

In that case, what were your expectations when you contacted them, because that may be the issue.

>Can someone help?

App Review isn't here - we can only help with opinions...get what you pay for here. No one here can do anything but share your pain.

>The thing is, I cannot pay for the developement of the app and then figure out whether it's ok with apple or not -

Welcome to the App Store. It's called development for a reason.

>I understand that Apple cannot provide an official approval now

Good, because that's where things stand.

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Answer 2

PBK OP

Mar ’17

A quick check in Wikipedia presents a different view of the law than your lawyer. But it doesn't matter - this is not a question of law but of Apple policy. Apple policy is "permissions in the locations where the App is used." If a license is required in Lebanon then you need that license if your app permits use in Lebanon.

"1min of their time" given by the user to you is sufficient to consititute "consideration" in a contract in the US.

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Answer 3

PBK OP

Mar ’17

On reflection, perhaps you could argue that 1 minute is not sufficient to be consideration. Tough argument to make. A better approach is the follwoing:

"Consideration can legally flow to the promotion sponsor; it just can’t be mandatory. Virtually all U.S. jurisdictions will permit a promotion where participants pay to play, as long as the sponsor provides a free alternative method of entry (AMOE). These alternative methods of entry can include; mailing, phone call to an 800 telephone number or e-mailing entrant’s information as outlined in the official rules. Disclosures of the AMOE must be “clear and conspicuous”, so that entrants are adequately informed of the existence of a non-purchase method of entry. It is also important to maintain that non-paying participants have equal opportunity to both enter and win the sweepstakes. The AMOE also must have “equal dignity” with the purchase method of entry."

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