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Back to home Guide · European sweepstakes law

Is a purchase-to-enter giveaway legal in Europe?

The country-by-country answer, from a team that designs and legally structures these campaigns for brands. Updated July 2026.

Short answer: yes, under two conditions. Across Europe, a promotion becomes illegal gambling when three elements combine: prize + chance + payment. Purchase-linked sweepstakes stay legal because the customer pays the normal market price for a real product. The entry itself is free. That holds only if (1) you never inflate prices during the promotion, and (2) a genuinely free entry route exists with the same odds per entry as the purchase route. Remove either condition and most European regulators reclassify your giveaway as an illegal lottery.
01 · The test

The three-element test every regulator applies

European promotional law differs country to country, but the core test is the same everywhere: prize (something of value is awarded), chance (winners are selected randomly), and payment (entrants stake something to participate). All three together = a lottery, which requires a gambling license you don't have. A compliant sweepstakes removes the payment element:

02 · By market

What changes country by country

Germany & Austria Legal with free route

Purchase-linked entries are accepted with a disclosed free route. The strictest consent rules in Europe apply to your entry form: marketing opt-in must be a separate, unticked checkbox and requires double opt-in before you may email entrants. T&Cs should be in German for German consumers.

France Legal: pay-to-enter is criminal

The "jeu-concours" tradition is well established, but charging for the chance itself is a criminal offence carrying fines up to €300,000 and potential prison. The free entry route is what keeps a purchase-linked campaign on the right side of that line, and it must be referenced wherever conditions of participation appear.

Italy Heavily regulated

A "concorso a premio" requires a filing with the MIMIT ministry 15 days before launch, an insurance bond covering the full prize value, a notary or chamber-of-commerce official at the draw, and rules in Italian. Fines run €50,000 to €500,000. Brands without an Italian entity typically exclude Italy or engage a local promotions agency.

Spain Legal with tax duty

Standard EU rules apply, plus a tax point brands miss: prizes worth more than €300 trigger promoter withholding obligations. Budget the tax into the prize architecture before you announce it.

Netherlands Code of conduct

Promotional games of chance run under a voluntary Code of Conduct: prize value is capped at €100,000 per year without a permit, with notification duties under the code.

Sweden & Poland Extra caution

Sweden treats chance-based promos tied to purchase more strictly than most of the EU. Many brands run skill elements or exclude it. Poland requires permits for some draw types. Both warrant a local-counsel check before inclusion.

03 · The copy rules

What your marketing may and may not say

The EU Unfair Commercial Practices Directive blacklists specific tactics regardless of market. Violations are enforceable even if your draw mechanics are clean:

04 · The entry form

GDPR: how the entry form must be built

05 · FAQ

Frequently asked questions

What makes a giveaway illegal gambling in Europe?

The combination of prize + chance + payment. Promotional sweepstakes stay legal by removing payment: entries come free with a normally-priced product, and a genuinely free entry route exists.

Does the free entry route need the same odds?

Yes, per entry. Capping free entries per person is generally defensible if disclosed; giving free entries worse odds per entry is not.

Can I raise prices during the giveaway?

No. The surcharge becomes payment for the chance and reclassifies the promotion as gambling. Keep evidence of pre-promo pricing.

Is buy-to-enter legal in France?

Only with a real free entry route. Charging for the chance itself risks fines up to €300,000 and prison. France enforces this line hard.

Which country is hardest?

Italy: ministry filing 15 days pre-launch, an insurance bond on the prize value, a notarized draw, and Italian-language rules. Most brands without an Italian entity exclude it or hire a local agency.

Do I need a separate marketing opt-in?

Yes, separate and unticked, never a condition of entry. Germany and Austria also require double opt-in before you may email.

This guide describes the general legal framework for promotional sweepstakes in European markets (the prize/chance/payment test, the free-entry-route requirement, UCPD marketing rules, and GDPR entry-form requirements). It is provided for informational purposes and is not legal advice. Every campaign we run is reviewed by qualified local counsel before launch; specifics vary by country, prize value, and mechanic.

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