Poland Gambling — Marketing: Can we advertise?

As general rule, advertising and promoting wheel games, card games, dice games, machine games, and “Mutual Betting” (please see the Polish legal definition provided in the General betting overview) is prohibited under the Gambling Act. The prohibition does not extend to advertising and promotional activities carried out on the website used for organising those games, specified in the license or permit obtained. The Polish legislation has separately defined the following terms: advertising, promotion, sponsoring and, closely related to the latter, information about sponsoring. Advertising means public dissemination of related activities: trademarks or graphic symbols, other markings; names and graphic symbols of gambling operators in the field of the aforementioned games; and information about the places where such games or bets are played and the possibilities for participation. Promotion means public: presentation of said games or betting; distribution of goods related to them (i.e. pens with company logos); distribution of chips, tokens or proofs of participation in said games or their selling in public places; and other forms of public messaging which encourages participation in them, or convincing of their advantages or encouraging to enter casinos or betting premises. Sponsorship in the meaning of the Gambling Act is by definition linked to the concept of information on sponsorship. The essence of sponsorship comes down to the provision of specific funding to the sponsored entity in exchange for information on sponsorship. The possibility of sponsoring is not limited by law, but significant limitations are connected with the possibility of informing about it. Informing about sponsorship is understood to mean presentation of notices containing the name or other marking distinguishing the sponsor in connection with the sponsorship provided. Information about sponsorship provided by an entity which operates betting alone or betting in combination with other activities not covered by the restrictions regarding advertising, promotion or information is permitted only through presenting information containing the name or other distinctive sign of the sponsor. Betting According to the provisions of the Gambling Act, advertising “Mutual Betting” (please see the Polish legal definition provided in the General betting overview) for which a permit has been granted shall be permitted, on condition that such an advertisement: is not addressed to minors, it does not show minors, and does not take place with the participation of minors; does not associate the organisation of games or participation in games with physical fitness, intellectual performance or a chance of scoring an easy win; does not include statements to the effect that participation in gambling games has a relaxing, calming effect or is a way to solve personal conflicts or financial problems; (iv) does not present refraining from participation in games or moderate participation in games as a negative thing; does not encourage paying higher stakes as a factor increasing the chances of winning; and does not evoke associations with: sexual attractiveness, relaxation or rest, learning or working, and/or professional, life or financial success. Such advertising shall not be run: on television, on the radio, at the cinema, and at the theatre between 6am - 10pm, excluding advertising run during broadcasts of sports events of which an entity conducting activity in the area of “Mutual Betting” is a sponsor or where such an entity is a sponsor of a team or of a competitor actively participating in a given sports event; in children’s and youth press; on the covers of daily newspapers and journals; and in places open to the public, excluding mass events and sports events of which an entity conducting activity in the area of “Mutual Betting” is a sponsor or where such an entity is a sponsor of a team or of a competitor actively participating in a given sports event, or is a sponsor of a sports association that is connected with a given event. Lottery: As a general rule, advertising and promoting lotteries is prohibited under the Gambling Act. The prohibition does not extend to advertising and promotional activities carried out on the website used for organising promotion lotteries, specified in the granted permit for organising such lotteries.