Promotional sweepstakes, contests, and giveaways have become standard marketing tools used by brands, influencers, and online platforms to boost engagement and attract new customers. However, in Poland, these activities are subject to specific legal regulations. If you're organizing or participating in a promotion targeting Polish residents, it’s crucial to understand the applicable laws to avoid penalties and ensure your campaign is compliant.
In this guide, we break down the key regulations, define legal distinctions between contests and sweepstakes, explain licensing requirements, and outline best practices for businesses operating in Poland in 2025.
Legal Definitions: Sweepstakes, Contests, and Lotteries
The first step in determining what legal requirements apply is to understand the differences between each promotional type under Polish law. If players want to read more on gambling laws in Poland, Polskiekasynohex explains in detail how casinos and even sweepstakes, lotteries, skill-based contests are classified under current regulations.
- Lottery (Loteria Promocyjna): This is defined as a game where participants take part for free or in exchange for a product/service purchase, and the winner is chosen randomly (e.g., drawing). Polish law treats these as games of chance and regulates them under the Gambling Act (Ustawa o grach hazardowych).
- Contest (Konkurs): In a contest, winners are selected based on skill, creativity, or knowledge (e.g., writing a slogan, answering trivia). These are generally not regulated as gambling but must follow consumer protection laws.
- Giveaway (Rozdanie): Often a marketing action involving social media, where users can win a prize by following, liking, or tagging someone. Depending on how winners are chosen, a giveaway may qualify as a lottery.
Regulatory Authority and Primary Law
Polish sweepstakes and contests fall under the Act on Gambling Games (Ustawa z dnia 19 listopada 2009 r. o grach hazardowych), overseen by the Ministerstwo Finansów (Ministry of Finance).
This act was amended multiple times, including updates in 2017 and 2020, to regulate online games and ensure transparency. It applies to both physical and online-based campaigns involving chance elements.
If your promotional game qualifies as a lottery, you must:
- Obtain a permit from the Ministry of Finance.
- Follow strict reporting and tax requirements.
- Submit game rules and prize details in advance.
Failure to do so can result in fines of up to several hundred thousand PLN or even criminal charges.
Permits for Sweepstakes and Promotional Lotteries
If your campaign involves a game of chance (e.g., prize drawing), it will be legally classified as a promotional lottery. The requirements include:
Application for Permit
- Must be submitted at least 2 months before the promotion starts.
- Requires documentation, including:
- Draft of regulations (terms & conditions).
- Sample marketing materials.
- Proof of prize funding.
- Information about the organizer.
Licensing Fee
- The standard fee for a promotional lottery permit in 2025 is 10% of the prize pool’s total value.
Tax Obligations
- All prizes above PLN 2,280 (as of 2025) are subject to a 10% prize tax.
- Organizers are responsible for withholding and remitting this tax.
Supervision
- The Ministry or designated customs officers may inspect the lottery’s compliance during and after the campaign.
Contests Based on Skill or Creativity
Unlike sweepstakes or lotteries, contests that require participants to demonstrate skill or creativity (such as writing, drawing, or performing) are not considered gambling.
Still, these promotions must comply with general legal principles:
- Fairness & Transparency: Contest rules must be clear and accessible to all participants.
- Data Protection (RODO/GDPR): Personal data must be collected and processed according to GDPR. Explicit consent is required for marketing purposes.
- Avoid Hidden Chance Elements: If a contest includes a random draw as a tiebreaker, it may be reclassified as a lottery.
Social Media Giveaways – Special Considerations
Social media giveaways are popular in Poland but often ignore regulatory nuances. If winners are selected randomly (e.g., from a list of commenters), the giveaway likely qualifies as a lottery—even if no purchase is required.
Key recommendations for social giveaways:
- Use skill-based criteria: Ask users to answer a question or submit creative content.
- Clearly explain rules and criteria in the post or via a linked page.
- Avoid language like “random draw” unless you have a permit.
- Disclose sponsorships and comply with influencer marketing transparency rules set by UOKiK (Office of Competition and Consumer Protection).
Consumer Protection and Terms & Conditions
Whether it’s a lottery or a contest, Polish consumer law requires transparent and accessible terms and conditions (regulamin) for all promotional activities.
What to include:
- Who can participate (age, residency restrictions).
- Start and end dates.
- Description of the prize(s).
- How to enter and how the winner will be chosen.
- How data will be processed.
- Contact information for complaints or disputes.
Failure to include clear rules can result in complaints to UOKiK or even financial penalties for misleading practices.
Tax Implications for Participants and Organizers
For Participants
- If the prize value exceeds PLN 2,280, the winner is subject to a 10% withholding tax.
- In most cases, the organizer must pay this on behalf of the winner.
For Organizers
- The total value of the prize pool may affect your corporate income tax calculations.
- Prizes are typically a tax-deductible marketing expense, but it’s recommended to consult a tax advisor for accurate accounting.
Foreign Companies and Cross-Border Promotions
If a company outside of Poland (EU or non-EU) runs a promotion aimed at Polish residents:
- Polish law still applies if the campaign targets the Polish market or uses the Polish language.
- Cross-border organizers must either:
- Establish a local legal representative.
- Work with a Polish-registered entity to obtain permits and manage taxes.
This also applies to affiliate marketers and influencers organizing international giveaways involving Polish audiences.
Penalties for Non-Compliance
The Ministry of Finance and customs offices actively monitor illegal promotional lotteries. Common violations include:
- Running a lottery without a license.
- Misclassifying a lottery as a contest.
- Failing to pay required taxes.
- Not publishing full terms and conditions.
Penalties can include:
- Fines up to PLN 500,000.
- Seizure of promotional materials or revenues.
- Legal action under the Gambling Act.
Best Practices for Compliance in 2025
If you're organizing a promotional campaign in Poland, follow these best practices:
- Avoid random draws unless you have a license.
- Always write clear rules and publish them before the campaign begins.
- Get legal advice if the prize value is significant or your mechanics involve any element of chance.
- Ensure GDPR compliance in all personal data collection.
- Keep records of all entries, winner selections, and prize distributions in case of audits.
Conclusion: Marketing with Legal Confidence
Sweepstakes, contests, and giveaways can be incredibly effective marketing tools in Poland—but only if executed lawfully. The line between a fun competition and an unlicensed lottery is thin, especially when social media blur legal boundaries. As promotional campaigns grow in value and complexity, so does the scrutiny from regulators.
If you're unsure whether your campaign complies with Polish law, it’s always best to consult a legal expert familiar with the Gambling Act and consumer protection regulations. A small legal investment now can prevent significant penalties later.