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Contest terms and conditions: Promotions involving alcohol

By Meagan Boschetti,

30 July 2020

Conducting a trade promotion which involves the purchase of alcohol for entry or award of alcohol as a prize has certain restrictions. We have set out below the general requirements/ considerations for alcohol promotions.

Age Restriction for Entry

If you do choose to run an alcohol promotion, you must ensure you restrict entry to persons 18 years or over.

It would be prudent to explicitly have the entrant tick a box on entry confirming they are aged 18 years or over to confirm eligibility; or otherwise clearly outline on any entry form the age restriction that applies.

If the prize involves consumption of alcohol abroad, e.g. trip to a brewery overseas, you will need to refer to the minimum drinking age for that country to determine if a higher age restriction applies (e.g. if USA, must be 21yrs+).

Alcohol Prizes

There are restrictions in both New South Wales and the Northern Territory regarding the award of liquor prizes in trade promotions, as set out below:

NSW alcohol promotion restrictions:

If alcohol is awarded as a prize in a lottery trade promotion either on or off premise, under the Lotteries and Art Unions Act, the LIMIT of the amount of alcohol prizes that may be awarded to NSW winners is:

20L of liquor where the alcohol content is LESS THAN 20% a/v (e.g. wine, beer); or

5L of liquor where the alcohol content is GREATER THAN 20% a/v (e.g. spirits).

To evade this requirement, you may specify that once the limit above has been met, cash will be awarded to any further NSW winners in lieu of the alcohol portion of the prize.

E.g. if a promotion involves 3 winners, each who win 10L of alcohol with an alcohol content of less than 20% by volume and all winners are from NSW, the first two winners drawn would be awarded alcohol and the third winner drawn would be awarded the cash value of the alcohol prize in lieu of the alcohol prize.

NT alcohol promotion restrictions:

Alcohol may be awarded in NT if it comprises a minor component of the prize. (Gaming Control (Community Gaming) Regulations (NT) - Reg 20)

A prize consisting solely of liquor or liquor and money is prohibited in NT.

E.g. if a prize consists of alcohol valued at RRP$100 and an iPad (valued at $469), then this will be a legally acceptable prize in NT. However, if awarding a bottle of wine valued at $600 and an iPad valued at RRP$100, then this would not be an acceptable prize in NT.

Purchase Alcohol to Enter

The advertising or promotion of liquor must not encourage the excessive consumption of alcohol or of liquor in excess of quantity and/or speed, or reward such drinking behaviour.

Entry Limits:

Where an on-premise purchase is required for entry (e.g. purchase at a bar, venue, pub, etc where drink purchase is consumed on premises), it is necessary to impose a limit on entry to ensure you are not encouraging the irresponsible consumption of alcohol (e.g. more than 1 standard drink in 1 day). If you are to ask persons to purchase more than 1 standard drink in a single purchase, then it must be clear that the drinks are ‘to share’ with friends (e.g. buy a round of drinks for your friends). A maximum of one entry (based on 1 standard drink purchase) by each entrant per day is readily accepted by the various lottery departments.

Other factors to keep in mind for running alcohol promotions are outlined in the table below:

The below list is NOT intended to be an exhaustive list of promotions which are not permitted under the various liquor guidelines nationally. Please contact our Promotion Wizard team for specific advice in regard to your individual proposed promotion.

Factor: No Appeal to Minors

Examples of non-compliance:

Including characters, imagery, interactive games that may appeal to minors.

Factor: No use of Non-Standard measures to encourage irresponsible drinking

Examples of non-compliance:

Promotions encouraging the consumption of:

Or Promotions:

Factor: Do not use emotive descriptors that encourage irresponsible consumption of alcohol (e.g. drink like a fish)

Examples of non-compliance:

Factor: Provision of free drinks/extreme discounted drinks for limited duration must not create an incentive to drink more rapidly

Examples of non-compliance:

Promotions providing:

Factor: Do not encourage rapid/irresponsible/excessive consumption of alcohol

Example of non-compliance:

Promotions which involve:

Factor: Cannot advertise/promote liquor exclusively to a specific sex or group

Examples of non-compliance:

Factor: No depiction of activities that are violent, risky or dangerous

Examples of non-compliance:

Creating or suggesting a positive association between liquor and any form of violence or reckless behaviour.

Factor: Cannot be sexual or sexually degrading or sexually discriminatory

Example of non-compliance:

Measures to minimise risk of patrons consuming excessive amounts of alcohol

Measures must also be taken to minimise the risk of patrons consuming excessive amounts of alcohol.

This may include, but not be limited to:

limiting the number of discounted drinks that each patron is eligible for (e.g. providing a ticket to each patron for 2 discounted drinks)

Can you promote alcohol promotions on Facebook and other social media?

Running alcohol promotions or thinking of running a trade promotion including alcohol? Get in touch with the Plexus Promotion Wizard team today to ensure you’re complying to your states rules and regulations in regards to alcohol promotions.

Run your promotion with Promotion Wizard

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