Social media competition terms and conditions: what every Australian brand must include
Running a competition on social media in Australia requires more than a good prize and an engaging post. Every promotion needs clear terms and conditions that comply with Australian consumer law, the Privacy Act 1988 (Cth), and the specific rules of each platform you are using.
Andrew Mellett
June 18, 2026
or
This guide covers the elements that must appear in every social media competition's terms and conditions, regardless of platform. For the specific rules that apply to individual platforms, see our dedicated guides for Facebook competitions and Instagram competitions.
Why terms and conditions matter for social media competitions
Terms and conditions are not optional. They are the legal framework that governs the promotion. Without them, or with terms that are vague or non-compliant, your business is exposed to regulatory action, entrant complaints, and disputes about winners.
Well-drafted terms and conditions:
• Give participants clear, enforceable rules about how to enter and what they can win
• Protect your brand's right to disqualify non-compliant entries
• Satisfy Australian Consumer Law requirements around promotional claims and prize disclosure
• Address the Privacy Act obligations that arise when you collect personal information from entrants
• Satisfy each platform's own promotion policies, which must be followed in addition to Australian law
What every social media competition T&C must include
Promoter details
The full legal name, address, and ABN of the business running the promotion. This is required for Australian Consumer Law compliance and for permit applications where relevant.
Eligibility
Define precisely who can enter. The minimum eligibility requirements for any Australian social media competition are:
• Australian residents only, or specify which states and territories are included
• Age restriction of at least 13 years, which is the minimum age to hold an account on most major platforms including Facebook, Instagram, and TikTok
• Increased age restriction where the product or prize requires it: 18 years or over for any competition involving alcohol, gambling, or age-restricted products
• A requirement that entrants under 18 have parental or guardian consent
Also specify whether employees of the promoter, its agencies, or related companies are excluded from entry.
Entry period
State the exact opening and closing date and time of the promotion, including the time zone. Entries received outside this window must be clearly treated as invalid. Closing times should be specific: '11:59 pm AEST on [date]' not 'end of [date]'.
How to enter
Set out every step required for a valid entry in clear numbered or bulleted format. If entry requires multiple steps, for example following an account and commenting, each step must be listed. Entries that only complete some steps are invalid and your terms must make this explicit.
Where entry involves tagging another person, specify that entrants may only tag a person once and only in content that accurately depicts them. Encouraging users to tag themselves or others in content where they do not appear violates Meta's platform policies.
Prize details
Describe each prize fully, including its retail value. Prize value is not just a disclosure requirement, it also determines whether a trade promotion permit is required in New South Wales, South Australia, or the ACT. Omitting or understating prize value creates both legal and permit compliance risks.
Also state any conditions attached to the prize: expiry dates, blackout periods, non-transferability, and whether the prize is subject to availability.
Winner selection
State how and when the winner will be selected. For games of chance in Australia, you must specify the draw date, time, and location. You must also include provision for an unclaimed prize draw, which must take place at least two months after the original draw for national campaigns.
For skill-based competitions, state the judging criteria clearly and identify who the judges are or the basis on which entries will be assessed.
Winner notification
State how and when winners will be notified. For national games of chance in Australia, the winner must be notified in writing within seven days of the draw and results must be published online within 30 days. Include any steps a winner must take to claim their prize and the timeframe within which they must do so.
When contacting winners on social media, tag them in the competition post rather than sending a direct or private message. Unsolicited private messages from brand accounts are frequently flagged as spam, which can result in the account being restricted.
Privacy and data collection
Any competition that collects personal information from entrants, including names, email addresses, or social media handles, is subject to the Privacy Act 1988 (Cth). Your terms must state what information is collected, why it is collected, how it will be stored, and whether it will be shared with any third parties. If you intend to use entrant data for future marketing, you must obtain explicit consent in the terms.
Intellectual property and user-generated content
If the competition invites participants to submit photos, videos, or creative content, your terms must address who owns that content and what rights the promoter is obtaining. Specify whether you are seeking a licence to use entries in marketing materials, on what channels, and for how long. Participants must grant this licence expressly in the terms.
Prohibit participants from submitting content they do not own or have rights to use, including copyrighted music, images, or other third-party material.
Disqualification
State clearly the circumstances under which an entry will be disqualified: incomplete entry steps, fraudulent behaviour, multiple accounts, automated entries, purchased votes, or content that breaches the terms. Reserve the right to verify eligibility before awarding any prize.
Liability and disclaimers
Limit your liability for technical failures, prize substitution, and any loss incurred through participation. Include a statement that the promotion is not sponsored, endorsed, or administered by any social media platform. Each platform requires this disclaimer explicitly in your terms.
Modifications and cancellation
Reserve the right to modify, suspend, or cancel the competition if circumstances outside your control prevent it from running as planned. Be clear that this right does not extend to cancellation simply because insufficient entries have been received. Once a promotion is live and entries are open, you are legally required to award the prize.
Platform-specific rules
In addition to the requirements above, each major platform has its own promotion policies that must be reflected in your terms and entry mechanics. The rules differ materially between platforms and are updated periodically.
• Facebook: see our guide to Facebook competition terms and conditions
• Instagram: see our guide to Instagram competition terms and conditions
• TikTok: promotions must comply with TikTok's community guidelines and promotion policies. Terms must state the competition is not sponsored, endorsed, or administered by TikTok.
• X (formerly Twitter): promotions must comply with X's rules on contests and promotions. Mechanics that require reposting the same content repeatedly are not permitted. Terms must state the competition is not sponsored, endorsed, or administered by X.
Do I need separate terms and conditions for each platform?
You can use a single set of terms that covers all platforms your competition runs across, provided the terms address the specific requirements of each platform. Alternatively, you may draft platform-specific terms for each channel. The minimum requirement is that every platform's mandatory disclaimer is included and that prohibited mechanics for each platform are not used.
Can I run the same competition across Facebook, Instagram, and TikTok simultaneously?
Yes. Many brands run cross-platform promotions. Your terms must clearly state which platforms the competition is open to and include the platform-specific disclaimers and mechanic restrictions for each. Entry mechanics that are permitted on one platform may be prohibited on another, so each platform's entry method must comply with its own rules.
Do social media competition terms and conditions need to be published on the platform itself?
Full terms do not need to appear within the post itself, but must be easily accessible. On Instagram, where links in posts are not clickable, link to the full terms from your bio and reference the bio link in the promotional post. On Facebook, TikTok, and X, include a shortened link to the full terms in the post. The post itself must also include any significant conditions such as eligibility restrictions, entry limits, and permit disclosures where required.
What happens if I need to cancel or extend a competition after entries open?
You should not extend or cancel a competition once entries are open unless a genuine unforeseen circumstance makes it impossible to run as planned. Extending the entry period after advertising a closing date is misleading to consumers who have already entered and is likely to draw complaints. Cancelling a competition after entries are received without awarding the prize is a breach of Australian Consumer Law. Your terms should reserve the right to cancel only in circumstances beyond your control, not for commercial reasons.
Getting terms and conditions right quickly
Drafting compliant social media competition terms from scratch is time-consuming. Plexus Promotion Wizard generates legally reviewed, customisable terms and conditions for Australian trade promotions in minutes, including platform-specific clauses, permit disclosures, and Privacy Act requirements. Learn more about Plexus trade promotions compliance.
Generate compliant competition terms in minutes
Plexus Promotion Wizard produces legally reviewed terms and conditions for any Australian trade promotion, including social media competitions across all major platforms. See how Plexus trade promotions works.
Andrew Mellett
Andrew Mellett is the Founder and CEO of Plexus, a global leader in AI-powered legal technology. Recognised by the Financial Times and Harvard Business Review for his pioneering work in legal innovation, Andrew leads Plexus’s mission to train digital lawyers, helping the world’s top companies streamline legal operations and scale expertise with artificial intelligence.
All your legal work in one AI-powered platform
Faster reviews, self-service for business teams, and smarter compliance in every workflow.
Related resources
Why In-House Legal Teams Are Moving Beyond Single-Contract Review
Cadell Falconer
As Head of Product at Plexus, Cadell Falconer brin...
Don't miss out on Perspectives by Plexus each month
Legal news, innovation and insights delivered straight to your inbox.