Spain's Ministry of Social Rights, Consumer Affairs and the 2030 Agenda has announced a €750,000 ($840,450) fine against EBR Management SLU for organising an unlicensed raffle involving a YouTuber's luxury car.
The ministry classified the conduct as a very serious breach of the country's Gambling Regulation Law.
The promotion ran from 24 December 2024 to 6 January 2025 on EBR Management's website and accepted entries from Spanish IP addresses. An influencer who lives in Andorra promoted the draw through his social media accounts. The car belonged to him.
Participants bought digital wallpapers for €1, with each purchase carrying one raffle entry. EBR Management sold 376,850 entries. The ministry valued the car at more than €75,000, while its owner said he had paid €120,000 for it.
Spain's Directorate General for the Regulation of Gambling (DGOJ) opened the sanctions case after finding that EBR Management had never sought the authorisation required for the raffle. The Directorate General of Consumer Affairs subsequently imposed the fine under Article 39(a) of the Gambling Regulation Law.
EBR Management appealed, arguing that the campaign was a promotional prize draw rather than a regulated raffle. The ministry rejected that distinction and also declined a further reduction in the penalty, saying the calculation had already reflected a lower amount than could otherwise have applied.
The DGOJ's guidance requires advance authorisation for occasional raffles offered nationwide through electronic channels. Its definition covers random draws in which an entry is acquired through a financial contribution. The regulator also requires websites used for such raffles to have a .es domain.
The ministry did not identify the influencer. Spanish newspaper El País linked the dates, company and prize to a Tesla draw promoted by TheGrefg, whose legal terms named EBR Management.
TheGrefg said he had been hired to promote the campaign and that the penalised company was not his.
The case illustrates how attaching a purchase to an online giveaway can bring a social media promotion within gambling rules. For organisers, the legal classification turns on how participation and prize selection work, rather than the product used to distribute entries.
The sanction also comes amid wider questions over Spain’s collection of fines from illegal gambling operators, a separate enforcement issue highlighted by Global Gaming Insider.
In August, the Gambling Commission examined how informal social media promotions expose consumers to illegal lotteries and raffles, adding wider context to the scrutiny of paid online prize draws.
Spain's DGOJ can authorise occasional nationwide raffles, while periodic or permanent raffles cannot currently receive a general licence
