Marketing Compliance | What terms and conditions does your trade promotion require?
By Sharmila Pamamull, Senior Counsel
31 October 2017
A Trade Promotion is a way for a business to expand and engage with its audience. While marketing teams tend to manage the bulk of the collateral, including the creative, of a trade promotion campaign, Australia has several legal requirements and criteria that must also be met that can require legal input. These terms and conditions can vary depending on if the promotion is being run nationally or within certain states.
The basic principle to follow: if you are running an offer, you generally don’t need full terms – however there are some exceptions.
FULL TERMS ARE REQUIRED FOR:
Games of Chance (i.e. draws and instant win)
Games of Skill
Trade Incentives: Trade Incentives where winner receives prize based on non-chance method e.g. highest % increase in sales comparing sales from one month to previous month across all participating stores
FULL TERMS MAY BE REQUIRED FOR:
Gift with Purchase advertised outside of store (e.g. magazines, online, etc): Gift with purchase offers advertised outside of participating stores e.g. online, in magazines, newspapers, etc. may need full terms to conduct offer and permit/s.
YOU ONLY NEED SHORT TERMS FOR:
Gift with Purchase ONLY advertised in store: It is acceptable to only have short form terms for gift with purchase offers where the offer is only advertised in store and advertising is removed immediately once all stock of gifts in store is exhausted.
Keen to learn more about what terms and conditions you need for your next promotion? Contact our team at firstname.lastname@example.org for assistance in conducting your next trade promotion.
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