Lotteries are characterized by the fact that only cash prizes are raffled off. In contrast, raffles involve non-cash prizes or non-cash and cash prizes. A tombola is when the draw takes place in closed rooms. The information on small lotteries applies accordingly to small lotteries and raffles, unless specifically stated otherwise.
Small lotteries exist if the planned playing capital (number of planned tickets x ticket price) does not exceed EUR 40,000.
Incidentally, much stricter requirements are imposed on lotteries with a playing capital of more than EUR 40,000. In this case, please first seek advice from the government in whose administrative district the lottery is to be organized.
Small lotteries require a license if a stake is required and anyone can take part in the draw. This is the case if the opportunity to participate is not limited to a specific, fixed group of people. If small lotteries are habitually organized in clubs or other closed societies, they are also considered public games of chance. In addition to the payment of a ticket price, the stake can be, for example, the purchase of a product or similar as a condition for participation in the draw; this is referred to as a so-called hidden stake.
Small lotteries can be permitted in two ways. Either a so-called general permit has already been issued (1st route) or the competent authority issues a formal permit notice for the specific individual case upon your application (2nd route).
1st route: Small lotteries are deemed to be permitted in cases where the requirements of a general permit are met; an individual permit is then no longer required. However, it is generally subject to notification (see under "Deadlines"). Another advantage is that you do not incur any administrative costs.
All governments have issued general permits for their area of responsibility (see "Further links"). If you are not sure whether the small lottery you are planning is generally permitted, contact the municipality or government.
2nd way: If the small lottery you are planning is not covered by a general permit, you must submit an application to the competent authority (see "Procedure"). This must contain at least the following information
- exact designation of the organizer (name, legal form, registered office, authorized representatives and persons responsible for the lottery with address, e-mail address and telephone number),
- the type, location or region and the date or period of the lottery applied for,
- Purpose of the lottery; information on the use of the net proceeds,
- Information on the distribution of tickets; list of ticket sales outlets with address and respective sales times,
- Game plan (number of tickets, ticket price, type, number and sequence of prizes including the respective value, procedure for determining prizes, notification of winners),
- Calculation of the event:
intended income (= planned prize money, i.e. number of planned tickets x ticket price)
minus expected costs (e.g. expenses for prizes, printing costs for tickets, etc.)
minus prize money (at least 25% of the prize money)
= net income (at least 25% of the prize money; the net income must be used in full for the stated purpose), - Rules in the event that winnings are not collected.
