Sales Promotion
Updated 22 May 2026 · 13 min read
Most sweepstake T&Cs problems start at the search bar. Someone searches for a template, finds one that looks close enough, swaps in the brand name and dates, and publishes. The document is usually US or UK in origin. It covers the surface mechanics but is not written for Ireland. The jurisdiction clause refers to English courts. The purchase entry wording ignores Irish lottery permit thresholds. The data protection clause references the wrong supervisory authority or is missing altogether.
Irish prize promotion law is specific. The Gaming and Lotteries (Amendment) Act 2019, which came into operation on 1 December 2020, set its own rules on purchase-entry promotions and penalties for getting it wrong. The Advertising Standards Authority for Ireland (ASAI) Code of Standards sets what T&Cs must address and how prizes must be delivered. The GDPR, enforced in Ireland by the Data Protection Commission, governs how entry data is collected, retained, and used. A compliant Irish template has to satisfy all three.
This guide is that template: a clause-by-clause structure with example wording for each section, notes on what the law requires, and a clear view of where brands most often get it wrong. Before the clauses, a brief overview of the legal framework they sit within.
The first question your T&Cs need to answer is which compliance route your promotion sits on.
Under the Gaming and Lotteries (Amendment) Act 2019, which came into operation on 1 December 2020, a prize draw connected to a product purchase does not need a lottery permit if the total prize fund is €2,500 or less and no fee is charged to enter or claim the prize. Above €2,500, you either make entry genuinely free (removing the payment element and the lottery classification) or apply for a lottery permit from a Superintendent of An Garda Síochána with at least 60 days' notice. The minimum age to participate is 18, set by the 2019 Act. The ASAI Code and the GDPR apply across all routes.
Your T&Cs must reflect which route your promotion uses. The template below covers the clauses each route requires.
A compliant Irish prize promotion T&Cs document needs at a minimum nine sections. Here is each one with example wording and guidance on what to include.
1. Promoter details
Include the full legal company name, company registration number, and registered address. If an agency is running the promotion on behalf of a brand, name both.
Example: "This promotion is administered by [Agency Name] on behalf of [Brand Name] (Company No. XXXXXX), registered at [Full Address]. [Brand Name] is the promoter."
2. Eligibility
State the minimum age (18, per the 2019 Act), required country of residence, and who is excluded. Employees of the promoter and their immediate families, and anyone involved in running the promotion, should be named as ineligible.
Example: "Open to residents of the Republic of Ireland aged 18 or over at the date of entry. Employees of [Brand Name], [Agency Name], and their immediate family members are not eligible to enter."
3. How to enter and promotion period
Describe the entry method, any purchase requirement, the maximum entries per person, and the exact opening and closing dates and times. The ASAI Code requires the closing date to be clearly stated in all promotional materials.
Example: "To enter, purchase any [Product] from a participating retailer between [Start Date] and [Closing Date and Time] and submit your entry at [URL]. Maximum of [X] entries per person. No purchase is necessary: see Clause [X] for the free entry route."
4. Prize description
Name each prize precisely: what it is, its approximate retail value, whether a cash alternative exists, and any use restrictions. "A luxury hamper" is not sufficient. If the prize is disputed, your T&Cs are the governing document.
Example: "One (1) prize of [full description] is available, with an approximate retail value of €[XXX]. No cash alternative is available. The prize is non-transferable."
5. Winner selection
Describe how the winner is chosen and who supervises it. The ASAI Code requires entries to be allocated on a fair and random basis and an independent observer to supervise any draw.
Example: "The winner will be selected by random draw from all valid entries received by the closing date. The draw will take place on [Date] under the supervision of an independent observer. The promoter's decision is final."
6. Notification and prize delivery
State how the winner is contacted, within how many days of the closing date, and what happens if they do not respond. The ASAI Code sets six weeks as the default prize delivery window after the promotion ends, unless a different period is stated in advance in the T&Cs.
Example: "The winner will be contacted by [email/phone/direct message] within [28] days of the closing date. If the winner does not respond within [14] days of first notification, the promoter may select an alternative winner. The prize will be delivered within [X] weeks of the winner being confirmed."
7. Winner publication
The ASAI Code requires that the winner's first name and county of residence are either published or made available on request.
Example: "The winner's first name and county of residence will be published at [URL] on or around [Date]. If you do not wish to be publicly identified, notify the promoter within [X] days of being notified that you have won."
8. Data protection (covered in full in the next section)
9. Jurisdiction
Example: "This promotion is governed by the laws of the Republic of Ireland. Any disputes arising from this promotion are subject to the exclusive jurisdiction of the courts of Ireland."
With the nine core clauses in place, the two sections most brands underestimate come next: the free entry route and the GDPR wording.
If your promotion requires a product purchase and your total prize fund is above €2,500, a genuine free entry route removes the promotion from lottery classification entirely, regardless of prize value.
The most common format in Ireland is postal entry. Entrants write their name, address, and date of birth on a plain piece of paper and post it to the promoter's address, arriving by the closing date. Online free entry forms, where entrants submit details without any purchase, are also valid. Either method works, provided the free entrant has the same probability of winning as a purchase entrant. You cannot weight purchased entries more heavily.
The free route must be clearly communicated on all promotional materials, not just in the T&Cs.
Example wording: "No purchase is necessary to enter this promotion. For a free entry, write your full name, home address, and date of birth on a plain piece of paper and post it to [Address], to arrive by [Closing Date and Time]. Free postal entries will be included in the draw on the same terms as purchased entries and will have an equal chance of winning."
Monitor the postal address throughout the promotion, count postal entries before the draw, and keep a record. A free route that exists in writing but not in practice will not hold up.
Getting the free route right protects the promotion structurally. The data protection clause protects it from a different angle.
Your T&Cs must include a data protection clause. It is not a full privacy policy, but it must cover the key points for entrants.
The lawful basis for processing entry data is typically the performance of a contract. Once an entrant accepts the T&Cs, you have a basis to process their name, contact details, and entry to run the draw and deliver the prize. Separate consent is not required for these specific uses.
Any marketing use of entry data requires a separate, affirmative, unticked opt-in. Under the GDPR, bundling marketing consent with T&Cs acceptance is not permitted.
The GDPR does not set a fixed retention period for competition data. A period of three to six months after the promotion closes is standard for administering prize delivery, handling queries, and resolving disputes.
Example wording for the data protection clause:
"[Brand Name] will process your personal data (name, address, date of birth, and contact details) to administer this promotion, select the winner, and deliver the prize. The lawful basis is the performance of a contract. Your data will be retained for [X] months after the promotion closes and then deleted. It will not be shared with third parties except where necessary to fulfill the prize. You have the right to access, correct, or request deletion of your data at any time. See our full Privacy Policy at [URL]. Ireland's Data Protection Commission (dataprotection.ie) is the supervisory authority if you wish to raise a complaint."
Marketing opt-in must appear as a separate, clearly labelled, unticked checkbox at the point of entry. Three more operational clauses complete the document, and they are the ones brands most often leave out.
Each of these is regularly absent from template documents, and each creates an avoidable problem.
Winner notification timeline: State the method and the number of days from the closing date within which the winner will be contacted. Specify what happens if they cannot be reached or do not respond within a defined window.
Unclaimed prizes: State whether the prize will be awarded to an alternative winner or withdrawn entirely if no valid claim is received.
Example: "If the selected winner cannot be contacted or does not claim their prize within [14] days of first notification, the promoter reserves the right to select an alternative winner. Unclaimed prizes will not be carried forward."
Disqualification: Give the promoter the right to disqualify any entrant who provides false information, uses automated entry methods, or breaches any term. Include the right to reclaim prizes already awarded if grounds for disqualification come to light after the draw.
Example: "The promoter reserves the right to disqualify any entrant who has provided false information, used automated entry methods, or breached these terms. Any prize awarded to a disqualified entrant must be returned."
These are the clauses most likely to be tested if something goes wrong. Knowing the most common structural template errors helps you make sure they never do.
Most compliance problems in Irish prize promotion T&Cs come down to the same six issues.
English law jurisdiction clause. A UK template typically states that the promotion is governed by the laws of England and Wales. This is not appropriate for an Irish promotion and creates uncertainty in any dispute.
Purchase entry with no free route and no permit. If the total prize fund exceeds €2,500, entry requires a product purchase, and no lottery permit has been obtained, the promotion is an unlicensed lottery under the Gaming and Lotteries (Amendment) Act 2019, with penalties including fines and potential criminal liability.
Bundled marketing consent. A single checkbox covering T&Cs acceptance and marketing opt-in is not GDPR-compliant. Competition entry cannot be conditional on agreeing to receive marketing.
Vague prize descriptions. "A luxury hamper" or "a weekend break" is not sufficient. Imprecise wording leaves the promoter exposed if any dispute arises about what was offered.
Missing data retention period. GDPR requires entrants to be told how long their data will be kept. Many templates describe processing purposes but say nothing about retention.
Outdated lottery threshold references. Some templates still describe Irish prize draw law as it stood before December 2020. If yours references only the Gaming and Lotteries Act 1956 without the 2019 amendments, the thresholds it cites may be wrong.
Spotting these six patterns before you publish is far easier than correcting a live campaign.
A template is a starting point. For a straightforward Irish promotion, a single market, a simple entry mechanic, and a prize fund within the €2,500 product promotion exemption, a template reviewed by someone familiar with the ASAI Code and GDPR basics is a practical approach.
A solicitor review earns its cost when: the total prize fund exceeds €5,000 and a permit or licence is required; the promotion runs across Ireland and Northern Ireland; the mechanic involves a judging element with defensible scoring criteria; or the brand operates in a regulated sector such as financial services, alcohol, or food with health claims.
The cost of a one-hour legal review is far less than an ASAI complaint process, the reputational damage of a non-compliant campaign, or a GDPR inquiry from the Data Protection Commission. With the framework mapped and the key decisions made, what is left is building the document correctly before you go live.
A compliant Irish sweepstake T&Cs document is straightforward once you know the three frameworks it must satisfy. The nine clauses above cover what the Gaming and Lotteries Acts, the ASAI Code, and the GDPR require. The common errors are predictable and preventable. The real risk is using a template built for another market and assuming it holds up.
At Brandfire, we design and deliver prize promotions for Irish brands from brief through to fulfillment, including T&Cs review and compliance sign-off. If your next campaign needs more than a starting template, our sales promotions team can build and run it for you.
Why does a social media competition still need formal T&Cs?
The platform does not change your obligations under the Gaming and Lotteries Acts, the ASAI Code, or the GDPR. Social platforms also have their own promotion policies that sit alongside your legal obligations. Your T&Cs should include a statement that the promotion is in no way sponsored, endorsed, or administered by the relevant platform, and you should review the platform's own guidelines before setting the entry mechanic.
What exactly does "winner's name and county of residence" mean under the ASAI Code?
The ASAI Code requires that winners' names and county of residence are either published or made available on request. First name and county is the standard format. You do not have to publish a full address or any detail that would allow a winner's home to be identified.
Can I limit entries per person to one even if I'm offering a free postal route?
Yes, provided the limit applies equally to both entry routes. Problems arise when the purchased route allows multiple entries per purchase but the free route is capped at one. Equal treatment between entry routes is the requirement, not an equal number of entries.
Does running the promotion in Northern Ireland as well as the Republic change the T&Cs?
Yes, significantly. Northern Ireland operates under UK promotional lottery law, which differs from Republic of Ireland law in several important ways, particularly around permit requirements. If your promotion runs in both jurisdictions, the T&Cs need to reflect the rules in each territory, or you need separate documents for each. Take legal advice before running a cross-border promotion for the first time.
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