8(1)For the purposes of section 11 and this Schedule an arrangement shall not be treated as requiring a person to pay to participate if under the arrangement—E+W+S
(a)each person who is eligible to participate has a choice whether to participate by paying or by sending a communication,
(b)the communication mentioned in paragraph (a) may be—
(i)a letter sent by ordinary post, or
(ii)another method of communication which is neither more expensive nor less convenient than participating by paying,
(c)the choice is publicised in such a way as to be likely to come to the attention of each person who proposes to participate, and
(d)the system for allocating prizes does not differentiate between those who participate by paying and those who participate by sending a communication.
(2)In this paragraph “ordinary post” has the meaning given by paragraph 5(2)(b).
Commencement Information
I1Sch. 1 para. 8 in force at 1.10.2005 by S.I. 2005/2455, art. 2(1), Sch. (with art. 3)