Preliminary conclusions and legal report on HIPERJUEGO vs. Shop2Win

(Chapter 2 in the legal report)

By way of preliminary conclusions, and not to the detriment of what will be said later on as legal proof, we provide the following legal protection report on Hiperjuego and Shop2win:


Both Hiperjuego and Shop2win stand for an innovative consumers' loyalty system.

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As a result of being conceived as an original idea, HIPERJUEGO and Shop2win, are protected under international copyright and legal conventions.


The originality of HIPERJUEGO lies in many aspects which can be summarised as follows: a loyalty card with an innovative and fixed design allowing the user to get cash prizes. Those prizes will be based on the well-known National Lottery, EuroMillions, pools coupons and many other lottery draws. We also have some other patents explaining the basis of the HIPERJUEGO prizes programme in some other countries, namely: BigGame and PowerBall draws in the USA,  Lotto in the United Kingdom and Germany, Loto in France and Italy and finally, Loto and Totoloto in Portugal. Prizes will be proportionally shared among the card holders in a group (those having identical bets on their cards) and also according to the amount of points they have obtained during a certain time (principle of loyalty). Thus, the ones using their cards the most will get the biggest share of the prize at the expense of those who do not use it as much (different and dynamic groups)


The variety of designs for the HIPERJUEGO loyalty programme along with the rules of the game guarantee its originality. These participation rules are the essence of the programme´s originality and customers’ loyalty. Basically, we can say that these rules vary depending on the different versions of the programme for the various commercial sectors it will be applied to. Therefore, we carried out several  surveys on the following areas: Banking (banks and savings banks), Phone companies, Distributors, Shopping Centres, Supermarkets, Petrol station chains, News and sports papers, Cinemas, Restaurants and, finally, Hotels. The rules of the game motivate the consumers with free lottery bets printed on the back of their Shop2win cards. Users will belong to a group (sharing the same bets) and their share of the prize will vary depending on how much they have used their card. The forecast of prizes will be worked out through a highly complex computer programme and the daily results for every card holder will be published on the internet every night).
The three biggest lottery prizes will be shared weekly by the consumers and the rest of the prizes will be accumulated in order to have a final special jackpot for all the users.  To sum up, we could say that the innovative side of the loyalty programme of HIPERJUEGO (Shop2win) lies in the fact that it gives consumers free lottery bets printed on their personalised cards and that they can turn it into cash prizes depending on their loyalty, i.e. on how much they use their cards


HIPERJUEGO (Shop2win) is protected under the laws and regulations established in patent rights. Above all, HIPERJUEGO holds this legal protection for the design of the cards used in the loyalty programme without detriment to the most specific protection in trademarks and in any other distinctive signs of the companies which will be using it.


Finally, the originality and consequent legal protection of HIPERJUEGO is supplemented with the contractual rules about the transfer of rights. They authorise the owner of the rights to prosecute any crimes against the possession of those protected rights. In this sense, the use of HIPERJUEGO (Shop2win) is likely to be licensed by means of contracts of authorised rights. The unauthorised use of the programme HIPERJUEGO is protected by means of civil and criminal actions. The civil actions qualify the rightful owner of the patent right to forbid the use of HIPERJUEGO and to destroy any of the illegal elements of use and also to receive any compensations for the damage caused. Criminal action will be only exerted onto those who may commit serious or continuous offences. In those cases, imprisonment and strong financial sanctions will be applied.