The sales campaign organized by the Company for its trading Partners, vendors, salespersons or other persons involved directly in sales or supervising directly the sales of goods in which every person that leads to finalization of a sales transaction of a defined total value will be rewarded MAY NOT BE QUALIFIED AS A SALES CONTEST. Such campaign is intended to increase the level of sales of the Company's goods through intermediary of other persons and as such IS AN INCENTIVE PROGRAMME.
The Supreme Administrative Court in its judgment of 2017/10/17, case file no. II FSK 2540/15 indicated that:
"...the rewards will be obtained by all persons that achieve the level of sales defined in the Rules of Contest and not by those that obtain the best results as a result of competing with each other during a defined period of time. Therefore, an important element of a contest is missing which is the selection of the best contestant or contestants. Theoretically, there may also be a situation where all participants achieve the level of sales defined in the Rules and they all become "winners" which also eliminates an important element of a contest, which is rivalry. We share the opinion of the authority that the rewards obtained by the participants of the campaign are not contest prizes but rewards obtained for achieving a certain level of sales of the Complainant's goods in the sales campaign organized by the Company and they will constitute a stimulating element for everyone to achieve the defined sales result known in advance. In other words, they will motivate the 'contest' participants not to compete with each other, but to achieve the specific result which is defined by the Company and is known to all sales persons. The defined volume of sales of the products offered by the Complainant will by itself secure 'victory' to a participant..."