Starting a giveaway on stream takes a minute: a chat command, a draw, done. Legally, though, the details matter, above all whether viewers pay anything to take part. This guide covers what to watch out for in Germany.
Prize draw or gambling: the key question
The German Interstate Treaty on Gambling (§ 3(1) GlüStV 2021) defines gambling by two features: a fee is charged for the chance to win, and the outcome depends wholly or mainly on chance.
A raffle is always decided by chance. Whether your giveaway is a harmless prize draw or gambling that needs a licence therefore depends almost entirely on the first feature: does anyone have to pay to enter or to improve their chances?
Rule of thumb: if everyone can enter for free with the same chance, you are on the safe side. As soon as money improves the odds it gets risky, even with small amounts.
What can count as a fee on Twitch
| Entry via | Assessment |
|---|---|
Chat command, e.g. !join | No fee. Unproblematic. |
| Channel points | Channel points cannot be bought; viewers earn them by watching. They are therefore mostly not treated as a fee. No court has settled this conclusively. |
| Subscribers only | A sub costs money. Limiting entry to subscribers effectively charges a fee. Risky. |
| Extra entries for subs, Bits or donations | Money directly raises the chance to win. This is the riskiest variant. Leave it out. |
| Entries for Bits or donations | Clearly a fee. Not permitted without an official licence. |
Subscribers earn channel points faster on Twitch. That is a side effect of their sub, not a payment for the giveaway. To be safe, still run the draw in a way where everyone starts equal, or cap entries per person.
Official rules are mandatory
Under § 6(1) no. 4 of the German Digital Services Act (DDG), promotional prize draws must be clearly recognisable as such, and their terms must be easily accessible, clear and unambiguous. A giveaway meant to grow your channel is usually promotional.
Your rules should cover at least:
- Organiser: you, with name and contact. Not Twitch.
- Period: start, end and when the draw happens.
- Who may enter: minimum age, countries, exclusions (e.g. moderators, alt accounts).
- How to enter: the exact way, explicitly free of charge.
- The prize: exactly what it is and whether a cash alternative exists.
- Draw and notification: how the winner is drawn, how you reach them and by when they must respond.
- What happens without a response: for example a redraw.
- Data protection: which data you need from the winner, what for and when you delete it.
Easily accessible means a chat command such as !rules with a link, plus a panel below the stream. If viewers have to search for the rules, they were not easily accessible.
Twitch is not your co-organiser
State in your rules that Twitch neither organises nor sponsors the giveaway; otherwise it can look as if the platform were behind it. Never suggest that a sub or donation is required, not even casually in chat.
Data protection: handle winner data sparingly
A physical prize needs a delivery address. Never ask for it publicly in chat; use a private message or e-mail. Inform the winner as required by Art. 13 GDPR: who receives the data, what for and how long you keep it.
- Collect only what you need to hand over the prize, usually name and address.
- Delete it after shipping unless you are required to keep it.
- Publicly name the winner by their Twitch name only.
Age limits and youth protection
Twitch allows accounts from age 13, so part of your audience may be minors. For age-restricted prizes such as 18+ games or alcohol, put the age limit in the rules and check it before handing over the prize. A parcel service with age verification on delivery is usually simpler than an ID copy you would then have to delete securely yourself.
Draw fairly and stay transparent
- Draw live on stream so everyone can watch.
- Decide on your rule for alt accounts beforehand and stick to it.
- Set a clear response deadline, e.g. 48 hours, and redraw afterwards.
- Note the time, number of entrants and winner in case someone asks later.
If you would rather not manage entries, deadlines and automatic redraws by hand, the StreamWizard giveaway system does that for you.
Checklist before you start
- Is entry free and equal for everyone?
- Are the rules available via command and in a panel?
- Do they name organiser, period, prize, draw and response deadline?
- Do they say Twitch is not involved?
- Is the age limit for the prize settled?
- Is the process for winner data defined, including deletion?
This guide is not legal advice. For valuable prizes, brand partnerships or entrants from several countries, a quick review by a lawyer is worth it.