Competition permits / Trade promotion permits - TPAL

Holiday notice 2019/20

Tue, 17 Dec 2019 01:00:00 GMT

State government offices close during the holidays. Please take this into account when applying for permits.

NSW: Closed 24 Dec 2019 — 1 Jan 2020
ACT: Closed 25 Dec 2019 — 1 Jan 2020
SA: Closed public holidays only

We're still open on business days.

National chance based promotions - WA - an often forgotten requirement

Thu, 11 Jul 2019 01:00:00 GMT

Did you know that Western Australia (WA) require you to send them the terms and conditions of the promotion? Whilst WA does not require you to get a trade promotion permit, they do require the competition terms and conditions to be lodged for review and record purposes. Many organisations focus on getting permits from the states that require them but forget that, for national competitions, it is important to comply with the regulations of all states and territories.

Game of Skill vs Game of Chance

Wed, 06 Feb 2019 04:42:24 GMT

Did you know that the difference between a game of skill (no permit required) and a game of chance (permit may be required) is in how the winners are selected? If the winners are selected randomly, it is a game of chance. Even if the method of entry involves some level of skill. Sometimes, you may think skill is relevant, but the states may interpret the winner selection as random. For example, a "count the jelly beans" competition is generally classified as a game of chance. Contact us to discuss if unclear.

Holiday Notice - Planning Ahead

Fri, 16 Dec 2018 01:51:00 GMT

The Christmas break is coming up! Any permit applications received after the 8th of December 2018 may not be approved until the government offices re-open.

NSW: Closed 24 Dec 2018 - 1 Jan 2019
ACT: Closed 25 Dec 2018 - 1 Jan 2019
SA: Closed public holidays only

We suggest you take these dates into account when planning any upcoming competitions / trade promotions.

Trade promotion permit fee increases - ACT & SA

Fri, 06 Jul 2018 01:51:47 GMT

Trade promotion permit fee increases - ACT & SA

As of July 2018, fees for ACT and SA competition permits are increasing as follows:

ACT
- $5,000 or less: $211
- $5,000 to $10,000: $307
- $10,001 to $50,000: $590
- $50,001 to $100,000: $843
- $100,001 to $200,000: $1,682
- Over $200,000: $3,372

SA (standard)
- $10,000 or less: $195
- $10,001 to $50,000: $716
- $50,001 to $100,000: $1,252
- $100,001 to $200,000: $2,147
- Over $200,001: $3,938

SA (premium): 2 x the standard fee

Publishing Winners - Requirements

Fri, 13 Apr 2018 02:09:25 GMT

Did you know that the winners of prizes may need to be published for everyone to see? Each state has different requirements (e.g. SA if prize is higher than $250, NSW if more than $500, VIC if more than $1000, but ACT regardless of value). Most promoters choose to publish the winners on a website.

Blanket Permits

Mon, 08 Jan 2018 01:10:47 GMT

If you need to run a promotion multiple times throughout the year, then it may be possible to obtain "blanket permits" for NSW and ACT. These allow the promoter to run competitions that are similar in nature for a period of 12 months with only a single permit. Please contact us if you would like more information about this and how we can help.

Holiday Notice

Tue, 05 Dec 2017 03:34:03 GMT

Any applications received after the 8th of December 2017 may not be approved until government offices re-open.

NSW: Closed 22 Dec 2017 â€” 7 Jan 2018
ACT: Closed 22 Dec 2017 â€” 1 Jan 2018
SA: Closed public holidays only

We are still open and will try and process any applications received but suggest you get your applications in ASAP if you want them approved by the end of the year.

Prize delivery requirements

Mon, 06 Nov 2017 05:38:14 GMT

Did you know that Victoria requires prizes of chance based promotions to be delivered to the winner within 28 days of the draw? The other states have similar requirements, so ensure that you deliver prizes promptly.

Instant Win API™ launched

Thu, 28 Sep 2017 01:27:15 GMT

We have recently launched Instant Win API™, https://www.instantwinapi.com

It is an API that uses a randomised time-based mechanism to ensure your prizes will be distributed smoothly across the promotional period, regardless of how many prizes are available or how many entries you receive. If you want lightning fast winner selection for your next competition/promotion and to save time, development and testing costs, request access now.

NSW government review - trade promotion permit threshold

Tue, 01 Aug 2017 06:49:40 GMT

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?

Mon, 26 Jun 2017 07:09:03 GMT

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

Fri, 21 Apr 2017 02:51:28 GMT

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

Fri, 24 Feb 2017 00:06:27 GMT

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 not locate the winner(s)?

Fri, 16 Dec 2016 06:59:16 GMT

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

Thu, 10 Nov 2016 07:08:32 GMT

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:
tpal.com.au/promotions/game-of-chance

Chance based competitions - obtaining approval for an electronic draw

Mon, 17 Oct 2016 05:27:16 GMT

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: tpal.com.au/random-draws

TPAL and randomdraws.com™ have been featured in Lawyers Weekly

Fri, 02 Sep 2016 06:26:23 GMT

Lawyers Weekly is the authoritative source of independent news, analysis and opinion about the practice of law in Australia.

Compliance law shake-up continues

Chance based competitions - keeping and maintaining records

Thu, 01 Sep 2016 01:55:15 GMT

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

Thu, 11 Aug 2016 03:51:41 GMT

randomdraws.com™ has been featured in Radio Info, a website for radio industry broadcast professionals.

radioinfo.com.au/news/random-draws-radio-comps

TPAL featured in Radio Today and Radio Info

Thu, 11 Aug 2016 04:00:19 GMT

We have recently been featured in Radio Info and Radio Today, leading websites of the radio industry.

Radio Info: radioinfo.com.au/news/applying-competition-permits-tpal

Radio Today: radiotoday.com.au/news/whats-new/9406-terms-conditions-and-more-sorted.html

Chance based promotions - the requirement for an independent scrutineer

Sat, 06 Aug 2016 00:00:00 GMT

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.

Advertising - don't forget the permit numbers!

Tue, 19 Jul 2016 05:47:26 GMT

Did you know that any advertising of your competition must include the permit number(s) and a reference to where the terms and conditions can be accessed? It is not permitted to display a "Permits pending" message. You should also at a minimum display the start and end date, how to enter, prize values, the total prize pool, as well as the promoter's details (organisation name, address, ABN).

randomdraws.com™ is live!

Tue, 28 Jun 2016 06:46:08 GMT

randomdraws.com is a cloud based, self-service, third party platform that can be used to execute compliant and independent draws for trade promotions, chance based competitions and sweepstakes.

Our random draw system and secure infrastructure is government approved and certified in Australia, one of the most heavily regulated countries in the world for running promotions.

For more information, visit randomdraws.com

Publishing winners - don't forget about Victoria

Tue, 14 Jun 2016 00:00:00 GMT

Did you know that Victoria requires that you publish the winners of prizes over $1000? Even though you do not need a permit in Victoria any longer, you are required to publish the winners in a publication or website that is easily accessible to Victorian residents.

Cashback promotions and permit requirements in Australia

Tue, 24 May 2016 00:00:00 GMT

If you are launching a cash back promotion and the claims are limited to a certain number (e.g. the first 1000 purchasers can claim the cash back), then SA and NSW may require a trade promotion permit. They view the promotion as chance based because they do not think that it is a skill to be within the first, say, 1000 claims.

Game of skill T&C service launches

Fri, 06 May 2016 00:00:00 GMT

We have launched our instant terms and conditions drafting service for games of skill (no permits required). Pricing is $150 per competition/promotion. You get the documents (PDF and Word) as well as a hosted URL link that you can use with your promotions. Generate your next T&Cs in less than 10 minutes!

Prizes involving alcohol

Fri, 22 Apr 2016 00:00:00 GMT

Did you know that some states have restrictions around the awarding of alcohol as prizes? For example, NSW has a prize limit of 20 litres for liquor with less than or equal to 20% alcohol content, or 5 litres for liquor with greater than 20% alcohol content. TPAL's online system will flag requirements like this and many others.

Instant win competition/promotion T&Cs

Tue, 15 Mar 2016 00:00:00 GMT

Did you know that when you run an instant win competition/promotion, you must award/distribute all the prizes? Your terms and conditions must contain a statement to this effect and you must ensure that that you have protocols in place to ensure that this occurs. Apply for your next permit through TPAL and we will tell you what your terms and conditions requirements are.

Chance based promotions - using an authorised random draw picker

Fri, 26 Feb 2016 00:00:00 GMT

Did you know that if your competition's random draw is electronic, South Australia (SA) requires an approved random draw picker? This applies even if you do not require a permit.

TPAL's terms and conditions service launches

Wed, 3 Feb 2016 00:00:00 GMT

We have launched our online terms and conditions service. You can now easily and inexpensively obtain terms and conditions for your promotion/competition 24/7 with a few extra keystrokes when applying for promotion/competition permits.

Chance based promotions - SA requires you to send them the winners

Tue, 19 Jan 2016 00:00:00 GMT

Did you know that South Australia (SA) requires you to send them details of the winners, within 14 days of the draw, as part of their permit requirements? Many organisations are not aware of this requirement or forget to attend to this.

Competitions / Promotions - Games of Chance vs Games of Skill

Wed, 09 Dec 2015 00:00:00 GMT

Did you know that if the winner draw is random, the promotion will be classified as chance based, and you may need a permit? Each state and territory has differing regulations, so it is important to check the specific permit requirements that apply to your promotion. If the winners will be selected based on skills and there is absolutely no element of chance, then you do not require a permit.

ACT updates its permit requirements

Mon, 30 Nov 2015 00:00:00 GMT

A Trade Promotion Lottery permit is no longer required where the total prize value does not exceed $3,000.

TPAL's electronic random draw system approved

Fri, 27 Nov 2015 00:00:00 GMT

TPAL's electronic random draw system has been approved for national electronic random draws and can be used in competitions, trade promotions and lotteries.