To organise a promotional prize draw, we need not only an idea, but also a basic understanding of the law and a dose of common sense. To ensure we don’t overlook any of our obligations, it’s worth making use of a free e-book that will guide us step by step, as well as familiarising ourselves with the checklist below, which sets out the necessary steps and the legal framework.
How to organise a promotional prize draw – a checklist. Organising a prize draw with a free e-book
This free e-book has been put together to help you organise and run a promotional prize draw, step by step. The checklist will help you carry out each task in the correct order.
The e-book consists of four columns: step number, task description, legal basis and completion status. We carry out the tasks in the order specified in the checklist. The second table provides a detailed breakdown of the task, whilst the third refers the reader to the relevant section of the Act. The ‘status’ column allows us to mark which steps have already been taken, helping us to maintain order and avoid mistakes.
Who is this e-book aimed at?
This material will assist in organising a promotional lottery that is not conducted online. It is therefore based on the provisions of the Regulation of the Minister of Development and Finance of 8 June 2017 on lottery machines, gaming machines and slot machines, the protection of information relating to the lottery being organised, and the collection, calculation and payment of winnings (Journal of Laws 2018, item 1171, and Journal of Laws 2019, item 1944).
The e-book primarily sets out the obligations applicable to an organiser who is planning to carry out further activities in relation to a promotional lottery in the near future. It is therefore not covered by the Regulation of the Minister of Finance of 22 June 2010 on certificates of winnings and the register of certificates and the register of winnings paid out (awarded) (Journal of Laws 2019, item 2314).
Furthermore, it does not include any obligations arising from the Act of 1 March 2018 on the prevention of money laundering and terrorist financing (Journal of Laws 2018, item 723) or the Act of 26 July 1991 on personal income tax (Journal of Laws 2019, item 1387).
However, it is possible to get help in both cases. To do so, it is worth contacting the following directly: tomasz.makaruk@i360.trejka05.pl, for further details on the lottery, the requirements for which are not covered in the e-book.
Administrative duties
The e-book does not contain a description of the administrative duties relating to the circulation of internal documentation. It is important to bear in mind that these depend on the rules in force within a given organisation. This applies to tasks such as: providing information on the tax payable by prize winners, which must be included on the Tax Office’s invoice, as well as the preparation of the prize-awarding minutes themselves.
What results can be achieved by using a checklist?
The e-book containing the checklist enables us to begin the process of organising a promotional lottery in accordance with the applicable legal framework, without overlooking any aspect. Thanks to this checklist, i360 has already organised hundreds of lotteries. The best proof of its effectiveness is provided by those lotteries that have passed inspections, demonstrating that they were organised and accounted for in accordance with the law.
How to organise a promotional prize draw in 22 steps?
A promotional prize draw requires the necessary approvals to be obtained and the relevant documentation to be prepared. The checklist sets out the required tasks, which must be carried out in the order specified, in order to meet the legal requirements whilst ensuring the smooth running of the entire process.
Drafting the rules and regulations
- Our first step should be to draw up the lottery rules. In addition, a section on data processing should be included, and the scope of such processing should be agreed.
- It is also necessary to obtain a guarantee from the bank regarding the payment of prizes in the amounts specified in the approved lottery rules.
- We are applying for authorisation to organise a promotional prize draw.
- We are drafting a GDPR clause to be included in the registration form.
Obtaining the necessary permits
- Fees are charged for granting a licence to organise a promotional lottery, and these are paid at the Tax Office.
- It is also necessary to obtain authorisation from the Director of the relevant Tax Administration Chamber.
- If our lottery is organised online, we then need to draw up a Responsible Gaming Policy.
- An application for approval of the Responsible Gaming Regulations, in the case of a lottery organised online, should be submitted to the Minister of Finance.
- It is also our duty to inform the relevant authorities:
– the Director of the relevant Tax Administration Chamber, who had previously granted us authorisation to commence activities in this regard
– the relevant Head of the Customs and Tax Office to take the necessary steps, which are subject to customs and tax supervision, and to ensure that the necessary resources and conditions are in place for the lottery to be held. To this end, we need to provide not only the organisation’s details, but also a description of the lottery and the methods used to determine the results at random. We should also attach the authorisation to organise the lottery, as well as the rules and regulations themselves.
- If the value of the winnings is at least 2,280 zlotys, it is necessary to record the fact that such a prize has been awarded in the register of paid-out (awarded) winnings and, should a request to that effect be received from the winner, also in the register of certificates of winnings. This will enable the Head of the Tax Office to certify the register by affixing an official seal to the binding.
- Next, we should obtain the forms certifying the prize won.
Completion of training courses
- Under current law, a person who supervises lotteries is not required to hold a professional certificate. Instead, however, it is necessary to undertake appropriate training covering gambling legislation and the rules of the games organised, to the extent necessary to carry out activities related to the supervision and running of games. Upon completion of such training, we receive the required certificate.
- Employees’ personnel files should contain the original training certificate. A copy should be kept in a paper register and include details such as: the employee’s personal details, the date of the training, the name of the organisation that issued the original certificate, and its reference number.
Archiving procedures
- If the lottery is organised online, we also need to use a data logging device. This will enable us to record the course of the lottery and its results, as well as to determine the data used to identify participants.
- The promotional lottery organised via the internet also requires us to grant the relevant authorities of the National Revenue Administration remote access to the archiving device and the data it collects.
Start of the lottery
- On the day the lottery begins, let us not forget to notify the relevant Head of the Customs and Tax Office and the Director of the Tax Administration Chamber.
- In order for the lottery to be conducted correctly, it is necessary to appoint a Supervisory Committee, draw up rules governing its operation, and keep a record of the consent given by its members to participate in its work.
- Each gaming machine must display its registration number, as well as details of the licence or authorisation to operate the machine for the purpose of conducting a lottery. It is advisable for these markings to be affixed in such a way that third parties cannot remove them.
- After each draw has been completed, we should draw up the relevant report.
End of the lottery
- Let us remember that a lottery participant is entitled to receive a personalised certificate confirming their prize.
- Just as we previously submitted a declaration of the opening of the register to the relevant Head of the Tax Office, we must now submit the register of certificates in order to close the register at the end of the calendar year. This also applies to the register of winnings paid out.
- Within 30 days of the conclusion of the lottery, the relevant Head of the Customs and Tax Office should receive a report from us regarding its conduct.
Free e-book to download
This free e-book with a checklist does not constitute legal advice, but it will help you organise a promotional prize draw step by step. The tasks it contains have been used at i360 for years and represent the essential steps that need to be completed. Going through each task in the order given will make it easier for us to organise a successful promotional prize draw.
