Spain fines company 750,000 euros over unlicensed raffle of influencer's Tesla
Spain's consumer ministry fined EBR Management SLU 750,000 euros for running a raffle without the gambling authorisation the law requires. The raffle sold 376,850 one-euro wallpaper purchases for a Tesla Model S Plaid.
The fine
Spain's Ministry of Social Rights, Consumer Affairs and 2030 Agenda, led by Pablo Bustinduy, fined EBR Management SLU 750,000 euros for organising a raffle without the authorisation required under the Gambling Regulation Act (LRJ). The ministry classed the infraction as very serious under article 39.a) of the law, which covers organising gambling activities without the required licence. According to El País, the fine is double the amount the raffle raised, and it falls below the maximum of one million euros available for a very serious infraction. El País describes it as the highest known sanction in Spain for the activity of an influencer.
The raffle
Between 24 December 2024 and 6 January 2025, the company ran the raffle through its website, accepting entries from internet addresses with Spanish IP addresses. Participants paid one euro for a digital wallpaper, and each purchase gave one entry into the draw, with 376,850 purchases made in total. The prize was a Tesla Model S Plaid, customised with a Lightning McQueen design, valued at more than 75,000 euros, and its owner said it had cost 120,000 euros. The winner could take the car or its cash equivalent, and 20 minutos reports that total takings reached 380,000 euros. El País says the department did not name the influencer, but the amounts, dates and details match a raffle run by TheGrefg, whose company was named in the raffle's legal terms. 20 minutos names David Cánovas Martínez, known as TheGrefg, a Andorra-resident streamer with nearly 20 million YouTube subscribers.
- Raffle period begins with one-euro wallpaper purchases on the company website
- Raffle period ends after 376,850 purchases
- Ministry fines EBR Management SLU 750,000 euros
The appeal
The company appealed, arguing that the promotion was a random combination carried out for advertising or promotional purposes. The ministry rejected that argument and kept the classification as a raffle held without the required authorisation. It also refused to reduce the fine, noting that the calculation had already lowered the amount that could originally apply. The ministry states that the company never requested the permit, which the law requires for this kind of draw.
