NSW government review - trade promotion permit threshold
Great news: from Jan 2018, NSW intends to raise the threshold required for trade promotion permits from $0 to $10,000. You will still need to comply with the legislation and be mindful when dealing with stuff like liquor, minors, travel, etc.
According to Liquor and Gaming NSW:
"Liquor and Gaming NSW is now in the process of finalising the model to regulate community gaming and trade promotions. Once finalised, the intention is for the changes to become operational in January 2018, following the passage of legislation." Did you know that you generally need abridged T&Cs?
These are short form terms and conditions that you place on ads that promote your competition. You would have seen them on the bottom of a print ad or a TVC. There are specific requirements about what needs to be included, including the prize pool, where the draw will occur, the permit number(s) and a reference to where the full T&Cs can be found. TPAL® can help. Amending Terms and Conditions for a Promotion
Did you know that if you change the T&Cs of your competition, you will need to apply for approval? Even if the change is small. Each permit state will assess the application separately and will not approve the change if they think that existing entrants may be disadvantaged by the update. Contact us to discuss further. Gift with Purchase Promotions
A "Gift with Purchase" (GWP) promotion is a where the consumer gets a free product/service if they purchase a participating product. NSW and SA (if prize pool exceeds $5,000) both require a permit if there is a limit to the GWP. For example, the offer is limited to the first 1,000 customers or up to $50,000. In other words, “whilst stocks last”. ACT does not require a permit because they view this as a game of skill. What happens if I can’t locate the winner(s) ?
You must generally perform a re-draw if any of the original winners do not claim their prize(s) after you have notified them (and you have done your best to try and locate them). This unclaimed prize draw should generally take place 3 months after the original draw. If the prize is perishable or time dependent, you will be able to reduce the time period between the original draw and the re-draw. Chance based promotions - Permit costs
Did you know that the permit fee charged by the states and territories varies and depends on the total prize value? Basically, the higher the prize value, the higher the permit fee. Some are free below certain thresholds - again, this varies by state and territory.
Use our free wizard to give you an estimate:
www.tpal.com.au/promotions/game-of-chance Chance based competitions - obtaining approval for an electronic draw
Did you know that SA and NSW have specific requirements for the random draw picker you use? If your system is not already pre-approved, you must apply for approval through SA. You will need to provide them with background information about the system, including the methodology, security and accessibility, relevant source code and the technology used. You also need to have the system reviewed and signed off by an independent and appropriately qualified person.
Alternatively, you can use our pre-approved system: https://www.tpal.com.au/random-draws. TPAL and randomdraws.com™ have been featured in Lawyers Weekly
Lawyers Weekly is the authoritative source of independent news, analysis and opinion about the practice of law in Australia.
http://www.lawyersweekly.com.au/news/19485-compliance-law-shake-up-continues Chance based competitions - keeping and maintaining records
Did you know that you need to keep records of the competition in order to be compliant? Each state has differing requirements, but it is generally appropriate to maintain the records (T&Cs, lists of entries, winners, etc.) for at least 12 months. Apply for your next permit through TPAL and we will keep safe records of your promotion. randomdraws.com™ featured in Radio Info
randomdraws.com™ has been featured in Radio Info, a website for radio industry broadcast professionals.
https://www.radioinfo.com.au/news/random-draws-radio-comps TPAL featured in Radio Today and Radio Info
We have recently been featured in Radio Info and Radio Today, leading websites of the radio industry.
Radio Today: radiotoday.com.au/news/whats-new/9406-terms-conditions-and-more-sorted.html
Radio Info: radioinfo.com.au/news/applying-competition-permits-tpal
Chance based promotions - the requirement for an independent scrutineer
Did you know that large prize draws generally require you to engage an independent scrutineer to oversee the draw? NSW and SA have specific regulations that cover these requirements.
TPAL can help you with your next random draw, and arrange for an independent scrutineer to be available.