- The law
- Gaming and Lotteries Act 1956, sections 26, 27A and 44 (as amended in 2019); Gambling Regulation Act 2024, section 93 (not yet in force); Consumer Protection Act 2007, section 55; ASA Code, Section 5
- Who enforces it
- Competition and Consumer Protection Commission (CCPC); Advertising Standards Authority (ASA, formerly ASAI) for its Code; lottery offences are prosecuted in the courts
- Penalties
- Promoting a lottery without a permit or licence: on indictment, a fine of up to €50,000, up to 2 years in prison, or both.
What it means for your email
- Promoting a lottery without a lottery permit or licence is an offence, unless an exemption applies.
- The exemption for marketing draws (section 27A of the 1956 Act) covers a lottery run with the selling or marketing of a product where the total value of the prizes is €2,500 or less.
- To stay within it, there must be no charge to take part other than buying the product (if a purchase is needed at all), and no extra charge to claim a prize.
- A bigger prize pool means you need a lottery permit or licence. Check the current position before you send.
- The email should set out the closing date, how to enter, the prizes and who can enter, and link clearly to the full terms when space is short.
Do
- Add up the value of every prize in the promotion before you plan it.
- Put the closing date and key conditions in the email, not only in the terms.
- Have an independent observer supervise any draw, and allocate entries fairly and at random.
- Award the prizes you describe, or a reasonable equivalent.
Don't
- Don't charge an entry fee or any payment to claim a prize.
- Don't say or imply someone has won when there's no prize, or when they must pay to claim it. This is a banned practice under the Consumer Protection Act 2007.
- Don't exaggerate the chances of winning.
- Don't extend a promotion or hold back prizes because the response was poor, unless you reserved that right at the start.
Good to know
- The Gambling Regulation Act 2024 will replace the 1956 Act. Its section 93 would raise the marketing draw limit to €5,000 and require prizes to be paid within 6 months. The commencement orders made so far (including S.I. No. 57 of 2025, S.I. No. 31 of 2026 and S.I. No. 304 of 2026) have not brought in section 93 or repealed the 1956 Act, so check whether a later order has.
- In the 1956 Act, "lottery" includes competitions for money or money's worth that involve guessing future events, or past events whose results aren't yet known.
- The ASA Code is self-regulation run by the advertising industry, not law.
- The ASA Code still advises a test of skill for purchase-linked prize promotions; the law now exempts marketing draws within the section 27A limits.
Sources
- Gaming and Lotteries Act 1956, Revised (Law Reform Commission)
- Gambling Regulation Act 2024 (Irish Statute Book)
- S.I. No. 31/2026 - Gambling Regulation Act 2024 (Commencement) Order 2026 (Irish Statute Book)
- Gambling Regulation Act 2024: commencement (Irish Statute Book)
- Consumer Protection Act 2007 (Irish Statute Book)
- Promotional Marketing Practices - ASA Code (Advertising Standards Authority)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.