A defining characteristic of lotteries is that only cash prizes are awarded. In contrast, in prize draws, non-cash prizes or both non-cash and cash prizes are awarded. The term “tombola” is used when the prize draw takes place indoors. Unless otherwise specified, the provisions regarding small lotteries apply accordingly to small prize draws and raffles.
A small lottery is defined as one in which the planned prize pool (number of planned tickets × ticket price) does not exceed 40,000 EUR.
Incidentally, lotteries with a prize pool exceeding 40,000 EUR are subject to far stricter requirements. In such cases, please first seek advice from the government in the administrative district where the lottery is to be held.
Small lotteries require a license if a stake is required and, in principle, anyone can participate in the drawing. This is the case when participation is not limited to a specific, closed group of people. If small lotteries are habitually organized by clubs or other closed groups, they are also considered public games of chance. In addition to paying a ticket price, participation in the drawing may require, for example, the purchase of a good or similar item; this is referred to as a so-called “hidden stake.”
Small lotteries can be authorized in two ways. Either a so-called general permit has already been issued (Option 1), or the competent authority issues a formal permit decision for the specific individual case upon your application (Option 2).
Option 1: Small lotteries are considered permitted in cases where the requirements for a general permit are met; an individual permit is then no longer required. However, they are generally subject to a notification requirement (see “Deadlines”). Another advantage: You will not incur any administrative costs.
All state governments have issued general permits for their respective jurisdictions (see “Further Links”). If you are unsure whether your planned small lottery is covered by a general permit, contact your local municipality or state government.
Option 2: 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 application must include at least the following information:
- the exact name of the organizer (name, legal form, registered office, authorized representatives, and persons responsible for the lottery, including their addresses, email addresses, and phone numbers),
- the type, location or area, and the date or time period of the proposed lottery,
- the purpose of the lottery; details regarding the use of the net proceeds,
- details regarding the distribution of tickets; a list of ticket sales locations with addresses and respective sales hours,
- Game plan (number of tickets, ticket price, type, number, and order of prizes including their respective values, method of determining winners, notification of winners),
- Cost breakdown for the event:
Intended revenue (= planned prize fund, i.e., number of planned tickets × ticket price)
minus estimated costs (e.g., expenses for prizes, printing costs for tickets, etc.)
minus total prize money (at least 25% of the prize fund)
= Net proceeds (at least 25% of the prize fund; the net proceeds must be used entirely for the specified purpose), - Provisions in the event that prizes are not claimed.
