VIC trade promotion 2026 guide: rules, compliance and enterprise risk controls

Quick answer: Do you need a permit for a VIC trade promotion?

No permit is required to run a trade promotion lottery in Victoria, regardless of prize value. Under the Gambling Regulation Act 2003 (VIC) and Gambling Regulations 2015, businesses can run trade promotion lotteries, including games of chance, without applying for any permit or authority from the Victorian Gambling and Casino Control Commission (VGCCC). However, strict conditions apply to how the promotion is conducted, advertised, drawn and recorded, and non-compliance carries regulatory and reputational risk.

Trade promotion vs raffle: key legal differences

One of the most common sources of confusion in promotion compliance is the distinction between a trade promotion and a raffle. The distinction matters because the regulatory regimes are very different. A raffle requires a licence or permit under community gaming legislation, whereas a trade promotion conducted by a business to promote goods or services does not.

Game of skill vs game of chance in Victoria

Victorian trade promotions can award prizes using either a game of skill or a game of chance. In a game of skill, winners are selected based on a judged criterion, answering a question correctly, submitting a creative entry, or completing a task to the highest standard. There is no lottery element, so the promotion falls outside gambling regulation entirely, provided judging is conducted fairly and documented.

In a game of chance, the winner is determined by a genuinely random prize draw from all valid entries. This is where the free entry and cost-per-entry requirements become critical. The Gambling Regulation Act 2003 requires that the draw method gives each ticket a random and equal chance of being drawn. So long as entrants are not required to pay more than $1 per entry for participation, running a game of chance to promote goods or services is fully permissible in Victoria without a permit, at any prize value.

The Gambling Regulation Act 2003 also makes clear that its conditions apply even if a lottery event includes skill-based activities. If a promotion includes both chance and skill elements, the chance component triggers the gambling regulation conditions. When in doubt, legal teams should apply the more conservative classification and treat the promotion as a game of chance.

VIC trade promotion rules explained (2026)

Running a compliant VIC trade promotion requires attention to several distinct legal areas. Below we break down each key obligation in practical terms for in-house legal and marketing teams.

Entry requirements and costs

Every Victorian trade promotion must include a genuine free entry pathway. Entry costs, such as phone calls, SMS entries, or postage, must not exceed the gazetted amount, currently $1 per entry including GST. It must not be a condition of entry that a participant has played a gaming machine or taken part in a loyalty scheme that required them to play a gaming machine. These are hard prohibitions under the Gambling Regulation Act 2003 and apply regardless of prize value or promotion type.

Written consent requirement

If the promotion is being run by a third party on behalf of a business, for example, by a marketing agency, promotions house, or in-house legal team supporting a separate business unit, written consent must be obtained from the business whose trade or business is being promoted. The promotion must also primarily benefit that business. This is a frequently overlooked obligation for enterprise teams running promotions across multiple brands or client portfolios.

Advertising and promotional materials

All materials used to promote the lottery, including digital advertising, social media posts, packaging, and any scratch and win cards, must include:

• The lottery's closing date

• Where and when the lottery will be drawn (if applicable)

• The name and date of publication where winners' names will be published

• Any entry requirements

• In a newspaper circulating generally in Victoria

• On the internet, for a minimum period of 28 days

• In the publication where the lottery was solely advertised (for example, a trade journal or promotional magazine)

Winner publication obligations

Winners of prizes valued over $1,000 must have their names published by one of the following methods:

This is a specific and enforceable obligation. Enterprise legal teams running multiple promotions with high-value prizes need a systematic approach to winner publication that is built into the post-draw workflow, not treated as an afterthought.

Draw conduct

The method of the draw must give each ticket a random and equal chance of being drawn. The draw procedure must be documented. Entrants do not need to be present at the draw to be eligible for a prize, except where the entry and the draw occur on the same day and in the same place, in which case presence may be required as a condition of entry if stated in the terms.

Prize delivery

The prize must be paid or transferred to the winner within 28 days of the draw. Prize winners must be advised of their win in writing. Winners must not be required to incur a cost to accept a prize (other than a trivial cost). A prize winner may only be substituted through a second draw if the conditions of entry allow it, and only if reasonable efforts to identify or contact the original winner have been unsuccessful.

Record keeping

Certain records must be kept for a 3-year period after the lottery is finalised. Records must provide accurate financial accounting of the lottery, accounting for all entries, and reporting of the distribution of prizes.

Privacy and data use

Entrants' personal information may only be used for purposes stated in the conditions of entry. The promoter must not use entrant information for any other purpose. If the promotion is being run by a third party on behalf of a business, written agreement must be obtained from that business confirming they will not use entrant information for any purpose outside the stated conditions of entry.

Victoria vs other states: national promotion risk comparison

For enterprise teams running national campaigns, Victoria's no-permit framework is one of the most promoter-friendly in Australia. However, a national promotion must comply with the most restrictive state rules that apply to it.

Running a promotion across all states simultaneously means NSW, ACT and SA permit requirements must be satisfied before the promotion opens. The presence of a Victorian audience does not trigger any additional obligation, but cannot substitute for compliance with other states' rules that do apply.

Enterprise compliance framework for legal teams

For large organisations running frequent or high-volume trade promotions, consumer brands, retailers, loyalty programs, FMCG companies, ad hoc compliance management creates compounding risk. A single missed winner publication obligation, an undocumented draw procedure, or a failure to retain records for 3 years can expose the business to regulatory action and reputational damage. Victoria's framework, while permit-free, is not compliance-free.

Enterprise legal teams should build the following into their promotional compliance operating model:

Pre-launch checklist

Confirm promotion type (game of chance vs skill), verify entry cost compliance, obtain written consent from promoted business, draft terms and conditions that include all mandated disclosure items, confirm draw date, draw location and publication outlet for winners.

Draw management

Document draw methodology and confirm random selection process. Retain draw records. Notify winner in writing within the post-draw period. Initiate winner publication process for prizes over $1,000 immediately post-draw.

Post-promotion record keeping

Retain financial accounting, entry accounting, and prize distribution records for 3 years. Archive terms and conditions, advertising materials, and consent documentation.

Privacy governance

Confirm that conditions of entry clearly state all intended uses of entrant data. Obtain written agreement from promoted business on data use limitations. Do not use entrant data for purposes outside the stated conditions.

For teams running 10, 50 or hundreds of promotions per year, this level of governance requires tooling, workflow automation, and audit trail capability, not spreadsheets and email threads.

Pricing and budget risk analysis

Unlike NSW, which requires businesses to pay for a trade promotion authority (with fees varying by duration, 1, 3 or 5 years), Victoria imposes no permit fees. The cost of running a Victorian trade promotion is therefore a function of internal compliance management, legal review, terms and conditions drafting, draw facilitation, and winner publication costs, not government fees.

For enterprise teams, the hidden cost of poor compliance is substantially higher than the cost of building a compliant process. Regulatory penalties, promotion invalidation, and winner disputes are costly to resolve after the fact. Building a streamlined, auditable compliance workflow that covers the Gambling Regulation Act 2003 conditions for every promotion is the most cost-effective approach at scale.

Plexus Promotion Wizard: Automating VIC trade promotion compliance

Plexus Promotion Wizard is designed for enterprise legal and marketing teams that run high volumes of trade promotions across multiple states. Rather than managing each promotion's compliance requirements manually, Promotion Wizard automates the pre-launch checklist, generates compliant terms and conditions, manages draw documentation, and provides audit trail visibility across every promotion.

For Victorian promotions specifically, Promotion Wizard handles the conditions that apply under the Gambling Regulation Act 2003, including entry cost compliance checks, winner notification workflows, publication tracking for prizes over $1,000, and 3-year record retention. For national campaigns, it layers in the permit requirements that apply in NSW, ACT and SA, so legal teams have a single system of record regardless of which states the promotion covers.

Launch your 2026 VIC trade promotion with confidence

Running a compliant VIC trade promotion does not have to mean weeks of legal review, state-by-state permit research, or manual terms drafting for every campaign. Plexus Promotion Wizard gives in-house legal and marketing teams the tools to launch promotions faster, with built-in compliance logic, automated terms generation, and audit-ready documentation built in from day one.

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