Can I run a raffle or competition here?
As a creator on Winbase, your events can reach participants from many countries. The question "Is this legal here?" doesn't have a single answer — it depends on the legal framework of the country you're targeting. This guide covers the United Kingdom and the ten most populous EU member states.
Key principle that applies everywhere: In all countries covered here, free raffles and competitions — events with no entry fee and no purchase requirement — generally do not fall under gambling laws because no financial stake is involved. Winbase competitions are additionally knowledge-based, which clearly distinguishes them from lotteries. That said, the responsibility for running a compliant event lies with you as the creator.
United Kingdom
Legal framework
The Gambling Act 2005 defines a lottery as a scheme where participants must pay to enter. Without a payment requirement, there is no regulated lottery (Section 14 GA 2005). Prize competitions based on skill are expressly excluded from the Gambling Act entirely under Section 339.
What creators need to know
- Free prize draws (raffles): Permitted — the decisive point is that no payment or purchase is required to enter
- Free competitions (knowledge-based): Permitted without any licence or registration
- Written terms and conditions (T&Cs) are mandatory and must be easy to find
- The CAP Code (Code of Non-broadcast Advertising) governs how you advertise your promotion
- Odds of winning must not be exaggerated or obscured
- Commercial partnerships or sponsored promotions must be disclosed as advertising (enforced by the Advertising Standards Authority / ASA)
Data protection
UK-GDPR (the post-Brexit equivalent of the EU's GDPR) applies to participant data. Regulator: Information Commissioner's Office (ICO).
Additional points
- Age-restricted prizes (alcohol, tobacco): age verification of the winner is required
- Prizes are generally not subject to income tax for winners in the UK, but high-value prizes may warrant individual tax advice
Germany
For a detailed breakdown of the German legal framework, see our post Running Legally Compliant Raffles and Competitions.
Summary
- Free raffles: Permitted under § 33d of the Trade Regulation Act (GewO) — no purchase requirement, no financial stake
- Free competitions: Permitted under § 661 of the Civil Code (BGB) as a prize competition (Preisausschreiben), not classified as gambling
- The Interstate Gambling Treaty (GlüStV 2021) does not apply when participation is free
- Comply with GDPR and the Act Against Unfair Competition (UWG)
France
Legal framework
France has no specific permit requirement for free promotional prize draws (loteries publicitaires gratuites) or quiz-based competitions (jeux concours). Neither the Code de la consommation nor online gambling law (Code des jeux en ligne) applies when no payment is required to enter.
What creators need to know
- Free prize draws: Permitted without a licence or registration
- Free competitions (quiz/knowledge-based): Permitted without a licence
- Règlement du jeu (official terms and conditions): Mandatory — the document must be readily available and ideally filed with a notary or huissier de justice for evidentiary purposes
- The principle of "sans obligation d'achat" (no purchase required) must be clearly stated in all communications
- The DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) monitors consumer protection compliance
Data protection
GDPR via the CNIL (Commission nationale de l'informatique et des libertés).
Additional points
- Loi Évin: Advertising alcohol and tobacco products is strictly restricted in France. Prizes involving alcohol or tobacco require particular care and potentially specialist legal advice
- All communications promoting the draw must clearly reference the terms and the no-purchase-required principle
Italy
Legal framework
Italy has one of the most regulated environments for prize promotions in Europe, governed by D.P.R. n. 430 of 26 October 2001 (Presidential Decree). This decree distinguishes:
- Operazioni a premio: Promotions where prizes are awarded to buyers (purchase required)
- Concorsi a premi: Public competitions and prize draws open to participants, regardless of whether a purchase is required
What creators need to know
Both free raffles and free competitions that are open to the Italian public fall under D.P.R. 430/2001 and require:
- Registration with MIMIT (Ministero delle Imprese e del Made in Italy) before the event begins
- Performance bond (fideiussione): Creators must provide a bank or insurance guarantee equal to the total value of prizes being offered
- Additional procedural requirements may apply depending on the type of promotion (e.g. notarial documentation of the draw)
Conclusion for creators targeting Italy
Italy is the most heavily regulated jurisdiction in this guide. The compliance requirements are substantial and apply regardless of whether participation is free. Running a public prize event in Italy without prior legal advice and the required registrations carries significant legal risk. We strongly recommend consulting a qualified Italian lawyer before launching any promotion targeted at an Italian audience.
Data protection
GDPR via the Garante per la protezione dei dati personali.
Spain
Legal framework
Spain's Gambling Act (Ley 13/2011 de regulación del juego) requires an economic stake (contraprestación económica) for something to qualify as regulated gambling. Free participation without a purchase requirement does not meet this threshold.
What creators need to know
- Free raffles: Permitted without a licence (no economic stake present)
- Free competitions (knowledge-based): Permitted (skill-based competition, not subject to gambling law)
- Bases legales (official terms and conditions): Mandatory and must be publicly accessible with full detail
- The Unfair Competition Act (Ley 3/1991) and general consumer protection law apply
- Digital communications are governed by Ley 34/2002 (LSSI)
Regional considerations
Some autonomous communities — Catalonia in particular — may have supplementary rules on consumer promotions. If your event is regionally targeted, it is worth checking local regulations.
Data protection
GDPR via the AEPD (Agencia Española de Protección de Datos).
Poland
Legal framework
Poland's Gambling Act (Ustawa o grach hazardowych, 2009) contains a category that is particularly relevant for creators: the loteria promocyjna (promotional lottery). This covers promotions where prizes are awarded through a random draw.
Critical difference from most other countries: In Poland, a permit from the Head of the National Tax Administration (KAS — Krajowa Administracja Skarbowa) may be required even for free prize draws — i.e. even where no purchase is required. This sets Polish law apart from the majority of other European jurisdictions.
What creators need to know
- Free raffles (random draw): Legally uncertain territory. A KAS permit as a loteria promocyjna may be required. Strongly recommended: obtain legal advice before launching.
- Free competitions (knowledge-based, as on Winbase): Generally permit-free because the primary decision criterion is knowledge, not chance. A pure knowledge competition is not classified as a lottery.
- Terms and conditions must be available in Polish
- Tax note: Prizes above 2,000 PLN may be subject to income tax for the winner
Conclusion for creators targeting Poland
Competitions: Generally unproblematic. Raffles: Seek legal advice before launching, as a KAS permit may be required.
Data protection
GDPR via the UODO (Urząd Ochrony Danych Osobowych).
Romania
Legal framework
Government Ordinance No. 99/2000 (O.G. 99/2000) and subsequent amendments govern promotional activities in Romania. The gambling law (O.U.G. nr. 77/2009) covers games of chance that involve a stake — free events without a stake do not fall under it.
What creators need to know
- Free raffles and competitions: Permitted in principle
- For public prize promotions, a notification to ANPC (Autoritatea Națională pentru Protecția Consumatorilor — National Authority for Consumer Protection) may be advisable or required depending on the structure of the promotion
- Terms and conditions in Romanian are required for events targeting Romanian participants
- Transparent documentation of how the winner is determined
Data protection
GDPR via the ANSPDCP (Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal).
Netherlands
Legal framework
The Dutch Gambling Act (Wet op de kansspelen, 1964 as amended) defines a game of chance (kansspel) as a game in which participants pay a stake (inleg). No inleg, no kansspel — no licence required. The regulator is the Kansspelautoriteit (KSA).
What creators need to know
- Free raffles: Permitted (no inleg means no kansspel)
- Free competitions: Permitted (skill-based, no stake involved)
- Full terms and conditions are mandatory
- Kansspelbelasting (lottery tax): For prizes valued above €449, Dutch lottery tax (29%) may apply. In practice this is typically paid by the organiser, not the winner. For higher-value prizes, a tax assessment is advisable.
Data protection
GDPR via the Autoriteit Persoonsgegevens (AP).
Belgium
Legal framework
Belgium's Law on Games of Chance (Loi du 7 mai 1999 / Wet van 7 mei 1999) regulates games where a mise (stake) is paid. Free events without a stake do not fall under this law. The broader framework for commercial promotions is the Code de droit économique / Wetboek van economisch recht (CDE/WER).
What creators need to know
- Free raffles and competitions: Permitted because no stake is required
- Promotional communications must be clear and not misleading
- No purchase requirement may exist, explicitly or implicitly
- The CDE sets specific requirements for promotional prize activities (including mandatory disclosures in advertising)
- For national campaigns, making terms and conditions available in both French and Dutch is strongly advisable
Data protection
GDPR via the Autorité de protection des données / Gegevensbeschermingsautoriteit (APD/GBA).
Czech Republic
Legal framework
The Czech Act on Games of Chance (zákon č. 186/2016 Sb., o hazardních hrách) regulates gambling that requires a stake (vklad). Free competitions and promotions without a financial stake are expressly outside the scope of this Act.
What creators need to know
- Free raffles: Permitted (no vklad = not a hazardní hra / game of chance)
- Free competitions: Permitted (skill-based competition)
- General consumer protection law applies
- Full, clearly understandable terms and conditions are required
Data protection
GDPR via the ÚOOÚ (Úřad pro ochranu osobních údajů — Czech Data Protection Authority).
Sweden
Legal framework
Sweden's Gambling Act (Spellag 2018:1138), which came into force in January 2019, regulates activities where participants pay a stake (insats). No insats means the activity is not regulated as gambling. The sector regulator is Spelinspektionen.
What creators need to know
- Free raffles: Permitted (no insats)
- Free competitions: Permitted (knowledge-based, no insats)
- The Marknadsföringslag (Marketing Act) requires that all promotional communications be honest, clear, and not misleading
- Odds of winning and terms of participation must be communicated clearly
Data protection
GDPR via IMY (Integritetsskyddsmyndigheten — Swedish Authority for Privacy Protection).
Rules that apply everywhere
Regardless of which country you're targeting, these principles apply to every creator on Winbase:
1. Free entry — no purchase required
Participation must be completely free and without any purchase obligation in all of the countries listed. No hidden stakes via premium SMS, paid sign-ups, or equivalent workarounds.
2. Clear, complete terms and conditions
Every event needs publicly accessible terms covering:
- Who can participate? (minimum age, country of residence)
- How long does the event run? (clear start and end date/time)
- How is the winner determined? (random draw for raffles / knowledge + tiebreaker for competitions)
- What happens to participant data?
- How and when will the prize be delivered?
- What happens if the winner doesn't respond?
3. Data protection (GDPR / UK-GDPR)
All countries covered here are subject to the GDPR or a functionally equivalent regime. Participant data may only be used to run the event. Never add participants to marketing lists or newsletters without a separate, explicit opt-in consent.
4. Advertising disclosure
Commercial partnerships and sponsored promotions must be disclosed as advertising in every country. This applies to social media posts, influencer collaborations, and any other promotional channel.
5. Age-restricted prizes
For prizes involving alcohol, tobacco, adult content, or age-rated games, manual age verification of the winner is required in all jurisdictions. Winbase does not provide built-in age verification — handle this when contacting the winner.
6. Tax on prizes
Some countries impose tax on prize winnings for recipients (e.g. Netherlands for prizes over €449, Poland for prizes over 2,000 PLN). As the creator, you are generally not the taxpayer — but you should inform the winner that a tax obligation may arise on their end.
Quick reference by country
| Country | Raffle (random draw) | Competition (knowledge-based) | Key requirement |
|---|---|---|---|
| United Kingdom | Permitted | Permitted | UK-GDPR, CAP Code, ASA disclosure |
| Germany | Permitted (§ 33d GewO) | Permitted (§ 661 BGB) | — |
| France | Permitted | Permitted | Document règlement; Loi Évin for alcohol |
| Italy | Only with MIMIT registration + bond | Only with MIMIT registration + bond | Significant compliance required |
| Spain | Permitted | Permitted | Bases legales mandatory; check regional rules |
| Poland | KAS permit may be required | Permitted | Legal advice recommended for raffles |
| Romania | Permitted (check ANPC notification) | Permitted (check ANPC notification) | Notification advisable |
| Netherlands | Permitted | Permitted | Kansspelbelasting for prizes over €449 |
| Belgium | Permitted | Permitted | CDE disclosures; bilingual T&Cs recommended |
| Czech Republic | Permitted | Permitted | — |
| Sweden | Permitted | Permitted | Marknadsföringslag compliance |
Legal notice: This article has been carefully researched and provides a general overview of the legal frameworks in the countries listed. It does not constitute legal advice and does not replace individual legal consultation with a qualified lawyer. The legal landscape can change, and country-specific circumstances may differ in individual cases. For Italy, Poland, and Romania in particular, we strongly recommend obtaining local legal advice before launching any promotion.