Lotteries

1. Are shopping centers not in breach of Lithuanian law by offering clients to buy lottery tickets?

Shopping centers in physical lottery ticket distribution places offering clients to buy lottery tickets, do not breach the requirements of the Law on Lotteries of the Republic of Lithuania (hereinafter referred to as "the Law"), because only in paragraph 8 of Article 28 of the Law there are established prohibitions, related to advertisement of lotteries.  It is established that advertising of lotteries in events, newspapers, magazines, books, radio and television programs, and websites intended for children and adolescents is prohibited in the territory of the Republic of Lithuania.

Shopping centers do not fall under the list of places where is prohibited to advertise lottery tickets. Therefore, the administration of the shopping center may, at its own discretion, decide on offering of lottery tickets to the clients. By the way, it should be noted, lotteries are not gaming, which is regulated differently – gaming is regulated by the Gaming Law of the Republic of Lithuania, which imposes more stringent requirements on advertising of gambling than on lotteries.

Updated: 12-21-2021

2. Part 8 of Article 28 of the Law on Lotteries of the Republic of Lithuania (hereinafter referred to as the Law on Lotteries) stipulates that advertising of lotteries in events, newspapers, magazines, books, radio and television programs and websites intended for children and adolescents is prohibited in the territory of the Republic of Lithuania. However, the Law does not specify criteria according to which shall be assessed whether events, also newspapers, magazines, books, radio and TV programs, websites (hereinafter - events) are intended for children and teenagers.

Taking into account the fact that the Law on Lotteries does not establish the criteria by which it must be assessed whether events, as well as newspapers, magazines, books, radio and television shows, websites (hereinafter - events) are intended for children and adolescents, in order to avoid any questions, how to assess whether a specific event is intended for children and teenagers, and also taking into account the circumstances provided for in Article 4, Part 2, Clause 6 of the Law on the Protection of Minors from the Negative Effects of Public Information of the Republic of Lithuania, when public information that has a negative impact on the development of minors is considered encouraging gambling, urging, offering to participate in gambling and other games that give the impression of an easy win, we recommend to follow the criteria set out in Article 10, Part 9 of the Gambling Law of the Republic of Lithuania. Therein is established that a website intended for persons under the age of 18 is a website where at least 4/5 of the content is dedicated to the description of events and phenomena intended for children and adolescents, their professional evaluation, information about them, and the dissemination of children's and adolescents' artistic and technical creations. It is recommended not to advertise lotteries in advertising events, as well as in newspapers, magazines, books, radio and television programs, and websites, where at least 4/5 of the content is dedicated to events (information) for children and teenagers.

Updated: 21-12-2021

3. By whom are lottery tickets produced? Is a licence is required for that?

The lottery organiser has the right to choose the lottery ticket manufacturer who will produce and print the tickets for the lottery to be organised. No licence is required for the production of lottery tickets. The Law on Lotteries stipulates that a lottery organiser may distribute lottery tickets printed in accordance with reliable ticket printing control procedures which allow for the management and monitoring of the printing process of the lottery tickets and ensure that the lottery tickets are printed in accordance with the provisions of the Law on Lotteries. The lottery organiser shall be responsible for the compliance of lottery tickets with the provisions of the Law on Lotteries.

Updated: 19-10-2021

4. Is the organisation of a game in which a person can win a prize by purchasing a particular good or service constitutes the organisation of gambling or lotteries?

In the Republic of Lithuania, the procedure for the organisation of gambling is established in the Gaming Law of the Republic of Lithuania. Article 2 Part 1 of the Gaming Law provides that gambling (gaming) means playing such games or mutual betting in accordance with the established regulations, in which the participants, seeking to win money, of their own accord risk losing their amount paid, and the bet or gain or loss depends on chance, of any event or result of a sports match.

Considering this, a game having all the above characteristics, i.e. (1) the participants seek a monetary prize; (2) the participants risk of their own accord to lose their amount paid; and (3) the winning or losing depends on chance, is to be regarded as a gambling game, the organisation of which is allowed only having relevant type of gambling licence.

In the Republic of Lithuania, the organisation of lotteries is regulated by the Law on Lotteries of the Republic of Lithuania. Article 2 Part 4 of Law on Lotteries provides that a lottery means a game where a player purchases tickets for monetary and/or prizes in goods and/or gratuitous services that are randomly distributed according to the ticket data.

Thus, a game with all the characteristics of a lottery: (1) the purchase of a ticket; (2) the random drawing of a prize, sjhall be considered as lottery, the organisation of which is subject to a lottery licence.

It should be noted that Article 1 Part 2 of the Law on Lotteries states that this Law does not apply to such events where a person may win an additional prize by purchasing a particular good or service.

Thus, the organisation of a game in which a person has the opportunity to win a prize by purchasing a particular good or service does not have all the characteristics of gambling or a lottery, where participation in the game is not for the purpose of winning a prize and does not involve the risk to lose the amount paid in, and where lottery tickets are not bought.

Updated: 19-10-2021