When is a scrutineer required for competition draws?
How to know if your trade promotion draw requires an independent scrutineerRead the article
Here is a break down of when you will and will not need a permit to run a trade promotion:
A permit is not required for a game of skill promotion. A game of skill is where there is an application of judging involved in determining the winner. E.g. requiring an entrant to answer a judgeable question or post a photo, and assessing answers/photo on creative merit to determine the winner.
A trade promotion permit or authority is generally required when there is chance involved in determining the winner.
For a standard game of chance promotion (e.g. draw, instant win mechanic), permits may be required in SA, ACT, and NT, and an authority may be required in NSW, depending on where the promotion is conducted and the prize pool (as outlined below)
No trade promotion permit is required to run a promotion in VIC, TAS, QLD or WA.
An authority is required to conduct a game of chance promotion in NSW if the prize pool is over $10,000.
A business can apply for a 1, 3 or 5 year authority, which will cover all promotions with a prize pool over $10K. There is no maximum prize pool limit.
To run a promotion with a prize pool over $10K under an authority, the promotion terms and conditions must be submitted to NSW Fair Trading via the portal at least 10 days before the start date.
No permit is required to conduct a game of skill promotion in NSW.
A permit is required to conduct a game of chance promotion in ACT if the prize pool if over $3,000.
If the promotion is only open to employees of your business and there is no external advertising of the promotion then no permit is required in ACT.
If the promotion is a game of skill then no permit is required.
If your game of chance promotion has a total prize pool nationally of over $5,000 OR it involves a printed scratch and win card (regardless of the prize pool) then a permit is required in SA.
If you run a game of skill promotion in SA, then no permit will be required.
If you are running a game of chance promotion in NT you will require a permit if the prize pool is over $5,000 AND you are not obtaining a permit in any other States. If you are running a national promotion, you will usually require a permit in NSW and no permit will therefore be required in NT.
If you run a game of skill promotion in NT, then no permit will be required.
A game of chance promotion is a competition whereby the winner is picked at random and skill plays no part in the deciding of the winner. Choosing the right promotion design is critical for achieving ROI. Here is why you should consider a game of chance promotion..Read the article
Download the ebook
A General Counsel's guide to modernising their legal function.
Request a Demo
Want to speak to someone instead?
Call us on +61 (3) 9908 3784
One of our consultants will be in touch shortly.