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Giveaway rules and prize tax

October 27, 2026 · Command CHBT · Giveaways, Law

A giveaway in a channel or community is more than a post and a randomizer. The organizer publishes rules, is responsible for handing over the prize, and tax is due on an expensive prize. We cover what goes into the rules, where the line with a lottery runs, and what about taxes and personal data. This is an overview, not legal advice: before a big giveaway, show the rules to a lawyer.

What to put in the rules

Organizer — name, INN, OGRN or OGRNIP, how to get in touch.
Dates — when entries open, until what date or how many participants, when the results are.
Who can take part — for example, legally capable persons over 18, except the organizer’s employees; one person — one number.
How to take part — entry is free; conditions (subscription to channels); how to get a number; that consent to mailings is not a condition.
Prizes — by place, quantity and value.
How winners are picked — the method and where the results can be checked.
Results — the date and where they’ll be published.
Handover — the deadline for the winner to reply and what happens if they don’t (the prize goes to the next person).
Winner’s data — what will be requested and why; publishing the name — only with consent.
Taxes — who pays them if the prize is worth more than 4,000 ₽.

Rules are published before the start and not changed during the giveaway. The post has a short version and a link to the full one.

Sample rules by section

Below is a sample of rules for a giveaway with prizes for subscribing. Substitute your own details.

Rules of the “3,000 ₽ gift cards” giveaway

1. Organizer. Example LLC, TIN 0000000000, OGRN 0000000000000. Contact: hello@example.ru.

2. Dates. Entries are accepted from November 1 to 7 inclusive. Results — November 8.

3. Who can take part. Legally capable persons over 18, except the organizer’s employees. One person — one participant number.

4. How to take part. Participation is free. Subscribe to the @example channel and tap “Join” in the post — the bot will check the subscription and assign a number. Consent to receive mailings is not a condition of participation.

5. Prizes. Three gift cards worth 3,000 ₽ — one each for 1st, 2nd and 3rd place.

6. How winners are picked. At random, using an algorithm that can be verified: a hash of the secret number is published before the start, and after the results — the number itself, the list of participant numbers and the draw record.

7. Results. Published on November 8 in the @example channel and on the giveaway page. Winners are listed by number; a name only with the winner’s consent.

8. Handover. The winner gets a message in the chat with the bot. If they don’t respond within 48 hours or decline, the prize goes to the next participant from the reserve.

9. Winner’s data. To hand over the prize, a name and a way to get in touch are requested; they are used only to hand over the prize.

10. Personal data. The operator is the organizer. The personal data processing policy is at the link. Consent to publish the winner’s name is requested separately.

11. Taxes. Prizes worth up to 4,000 ₽ per year are exempt from personal income tax. Above that, the organizer bears the tax agent’s obligations.

12. Other. The organizer may exclude a participant who broke the rules (cheating, several accounts of one person). Participation is free; the giveaway is not a lottery.

Where to publish the rules

Put the full rules on a separate page or document with a permanent link: on your website, in a Telegra.ph article, or in a VKontakte document. The post carries a short version: the prize, the conditions, the dates, the organizer and a link to the full rules. Rules are published before the start and not changed during the giveaway. If a mistake still has to be fixed, announce it in the same channel and don’t change the conditions to the detriment of people already taking part.

Keep a copy of the rules and the participant list after the results: you’ll need them if the winner or the tax office has questions.

Why entry must be free

In Russia only the state runs lotteries: the lottery law recognizes all-Russian state lotteries and international ones, and there’s no longer a separate article on promotional lotteries. The sign of a lottery is a fee for the right to take part: a contribution, a “ticket”, a donation as a condition. A private company or a blogger can’t run such a giveaway; an entry fee may also look like gambling.

Buying a product as a condition of entry (“buy and take part”) is different: it’s a promotional event under Art. 9 of the Advertising Law. Then the giveaway ad must state the dates and where to read the rules, the number of prizes, and the dates, place and procedure for receiving them. Untrue information about the rules, dates or prizes of any contest is misleading advertising.

What you can’t give away or require

Tobacco and nicotine products — not as a gift, a prize or a purchase condition.
Alcohol in an ad for a giveaway conditional on buying it.
Subscription to resources of banned organizations (for example, Instagram) as a condition of a promotional giveaway.
Appeals to children like “get your parents to buy” — this is prohibited in advertising.

Tax on the prize

Prizes in contests and games held for advertising purposes are exempt from personal income tax up to 4,000 ₽ a year (clause 28, Art. 217 of the Tax Code). Above that, the tax is 35% (clause 2, Art. 224 of the Tax Code).

If the organizer is a company or a sole proprietor, it is a tax agent: for a cash prize it withholds the tax on payment; for a non-cash prize — from cash payments to the person, but no more than half of the payment. Hence the common practice of adding a cash part to a non-cash prize to cover the tax. If the tax can’t be withheld, the organizer notifies the winner and the tax office of the income and unwithheld tax by 25 February of the following year, and the winner pays on notice. For the report the organizer usually needs the winner’s passport details or INN — that’s why they’re requested only from the winner and only when the prize is worth more than 4,000 ₽.

If the giveaway is run by an individual without sole proprietor status, it’s better to settle prize taxation with a lawyer in advance.

Winner’s data: what to ask for and when

For the handover — only what the prize can’t be delivered without: a name and a way to get in touch, and an address if the prize is shipped.
For the tax — passport details or a TIN, and only if the prize is worth more than 4,000 ₽ and the organizer is a tax agent.
As a separate question — consent to publish the name.
After the handover — delete data you no longer need: keep it no longer than the purposes of processing require.

Don’t collect passports and addresses from every participant “just in case”: that’s unnecessary personal data and unnecessary risk.

Personal data of participants and winners

Collect the minimum from participants: usually a messenger account is enough.
Since 1 September 2025, consent to personal data processing is given separately from other documents — don’t hide it in the rules.
Publishing the winner’s name is distribution of personal data: it needs separate consent, and silence doesn’t count as consent. Without consent, publish the participant number.
Consent to mailings is a separate step, not a condition of entry.

The rules template in CHBT

The “Giveaways” section has a rules generator: it puts together the organizer, dates, conditions and channels, prizes by place, how results are picked and checked, the handover deadline, the winner’s data, and a section on personal data and taxes. The rules open via a link from the giveaway page. It’s a template, not legal advice, and CHBT is not a tax agent — personal income tax obligations stay with the organizer. The bot won’t start a giveaway if there’s a “Payment” block on the way to entry, and it stores the winner’s handover data encrypted. More on the Telegram giveaway bot page.

FAQ

Do I need to register the giveaway anywhere? There is no separate register of giveaways, and no one needs to be notified. What you need is rules published before the start.

Can prizes be given away among minors? It’s safer to limit participation to 18+ or run it through parents. From what age a child can take part on their own is a question for a lawyer.

Can a blogger without a sole proprietorship run a giveaway? Yes, but they are not a tax agent, and how a prize from an individual is taxed is best discussed with a lawyer in advance.

Does a giveaway post need ad labeling? There’s no clear answer for a post in your own channel — check with a lawyer, especially if the giveaway is promoted with paid ads.

What happens if the prize isn’t handed over? False information about the rules, dates or prizes is unreliable advertising (cl. 15 part 3 Art. 5 of the Advertising Law). If the prize can’t be handed over, announce it openly and offer an equal or better replacement — it’s best to provide for this case in the rules in advance.

Telegram giveaway bot How to pick a winner fairly 152-FZ and chatbot