When is a game considered a gambling game?

According to the Act of November 19, 2009, on Gambling, gambling games include lotteries, mutual bets, card games, and games on machines.

Lotteries are games, including those organized via the Internet, with cash or material prizes, whose outcome depends primarily on chance.

Lotteries are divided into:

1. Number games – games in which the prize is won by correctly predicting numbers, symbols, or other identifiers, and the amount of the prize depends on the total amount of stakes placed. This category includes the number game Keno, where the prize is calculated as the product of the stake and a multiplier set for each winning tier;

2. Cash lotteries – games in which participation requires purchasing a ticket or other proof of entry, with the organizer offering only cash prizes;

3. Telebingo games – participation involves acquiring a ticket containing randomly selected sets of numbers or symbols from a predetermined pool, conducted nationwide with a draw broadcast as a television program, and the organizer offers cash or material prizes;

4. Cylindrical games – participants select numbers, symbols, or other identifiers, with winnings depending on a predetermined ratio of stake to prize, and the outcome is determined using a rotating device or via Internet-based cylindrical games;

5. Dice games;

6. Cash bingo – participants acquire random sets of numbers from a predetermined pool, and the organizer offers only cash prizes, whose value depends on the total amount of stakes;

7. Prize bingo – participants acquire random sets of numbers from a predetermined pool, and the organizer offers only material prizes;

8. Prize lotteries – participation involves purchasing a ticket or other proof of entry, with the organizer offering only material prizes;

9. Promotional lotteries – participation requires purchasing a product, service, or other proof of entry, and participation in the lottery is otherwise free, with the organizer offering cash or material prizes;

10. Audiotext lotteries – participation requires payment for:
    a) a telephone call,
    b) sending text messages via a public telecommunications network.

Mutual bets are bets with cash or material prizes, based on guessing:

1. the results of sports competitions involving humans or animals, where participants place stakes and the prize depends on the total amount of stakes (so-called totalizators);

2. the occurrence of various events, including virtual events, where participants place stakes and the prize depends on the agreed ratio between the stake and the prize (so-called bookmaking).

Games on machines are games played on mechanical, electromechanical, or electronic devices, including computer games, as well as games following the rules of machine games conducted via the Internet, with cash or material prizes, where the game includes an element of chance, or no cash or material prize is possible, but the game is random in nature.

Card games include blackjack, poker, and baccarat if played for cash or material prizes.

Although the definitions appear straightforward, they can give rise to many practical uncertainties.

For example, a Facebook contest requiring users to like and share a photo and then guess the quantity of a product in a store, where the prize was material, was recognized by the Supreme Administrative Court as a promotional lottery under the Gambling Act. On the other hand, "loot boxes" in video games, containing random virtual items purchased with real or virtual money, have not been classified as gambling in Poland, although they are considered as such in some other countries.

Interpretation of terms like "chance" and "material prize" can also be challenging.

According to the Supreme Administrative Court, under Article 2(1) of the Gambling Act, "chance" in gambling refers to the dependency of the game’s outcome primarily on an unpredictable event or phenomenon. A "chance" element means the result is unpredictable from the player’s perspective and does not depend solely on their skills or abilities. Randomness in games is understood as the impossibility of predicting the outcome under normal conditions. To classify a game as a lottery, it is sufficient that the game includes an element of chance that directly affects the outcome.

The Supreme Court stated that a "material prize" is not only the acquisition of ownership of an item but also obtaining the right to use an item based on another legal title.

The Minister responsible for public finance decides on the classification of games, either upon request or ex officio. Decisions of the Minister can be appealed.