Competition Terms and Conditions
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What are Competition Terms and Conditions?
Competition Terms and Conditions are the legal terms that define how you will run a competition. These terms include who can enter, what the prize is and when the prize will be drawn.
Competitions (also known as trade promotions) can be used to promote your business and bring your brand to a wider audience.
Who can use our Competitions Terms and Conditions template?
- Any business running a game of chance competition
- All Australian states and territories
- Any industry
What does our Competition Terms and Conditions template include?
Our Competition Terms and Conditions template covers everything you need for a game of chance competition in Australia:
- Promoter – the business running the competition, including ABN and contact details
- Competition Period – when the competition starts and ends
- Eligible Entrants – who is eligible to enter the competition
- How to enter – instructions on how people can enter the competition
- Draw date and time – when and where the prize draw will be held
- Prize(s) – specific details of the prizes to be won, including the RRP or dollar value
- Winner Notification and Publication – method in which the winner(s) will be contacted, and how winners will be published
- Unclaimed Prizes – what happens if any prizes are not claimed
- Privacy – consent to collect personal information from entrants
- Intellectual Property – permission to use the content of entries for promotional purposes
- Social Media – refers to any third-party social media platforms (e.g. Facebook)
- General Conditions – important legal terms
- Competition Permit Number – add permit details for your state/territory when required
Types of Competitions
In Australia, there are two types of promotional competitions:
1. Game of Skill
In this competition, participants must put forward an entry or show their ‘skill’. For example, “describe in 50 words or less…”. Other examples include “post a photo with the competition hashtag” or “send us a video explaining why you should win”. The winner will be determined entirely by merit, either by judges or by vote.
2. Game of Chance
This is a competition where winners are picked at random. The participant does not need to show any skill, and all entries are equal. An example of a game of chance is a prize draw or an instant win. In Australia, a game of chance trade promotion is also known as a Trade Promotion Lottery.
Do I need a permit to run a competition or trade promotion in my state?
Each state and territory in Australia has its own laws for trade promotions. You will need a trade promotion permit in some states to operate a promotion where the winner is determined by an element of chance.
It is your responsibility to ensure that you comply with the laws of your jurisdiction.
For example, South Australia only requires you to have a permit for a “major trade lottery” where the total prize pool value is greater than $5,000.
Normally the state regulator will require you to submit the competition terms and conditions before issuing a permit. Make sure you allow enough time to complete your T&Cs and arrange the permit before you launch your competition.
Do I have to pay any government fees to run a trade promotion?
It depends on the state or territory you are in.
Some states charge an application fee for trade promotions. For example, in NSW, an authority is required if the total prize value for a single trade promotion exceeds $10,000. Fees start at $421, and it increases depending on the value of the prize.
In other jurisdictions, you may not have to pay any fees. Make sure you check the relevant government website before you get started:
- New South Wales
- Australian Capital Territory
- South Australia
- Western Australia
- Northern Territory
Do we have to include the full Terms & Conditions in all of our marketing material?
You need to publish T&Cs in any advertising material which promotes the competition (e.g. flyers, email marketing etc.). However, this is often not practical because of the limited space available. Therefore, it is acceptable to include only the most relevant information and refer people to the full T&Cs (usually available on your website).
Be careful to avoid false or misleading advertising.
If you want to limit entries, it is important to clearly state who is eligible to enter your competition in the T&Cs. Often, businesses exclude people under 18, employees, family members and contractors or suppliers related to the business. We have included a clause in our competition terms and conditions template to cover all of these circumstances.
What details of the prize should we include in our T&Cs?
You should be as specific as possible about the details of the prize(s). Your description should include:
- value of the prize (RRP or total dollar value)
- any special conditions
- how long the prize is valid
- anything that is NOT included as part of the prize
Consider including a simple prize structure, e.g. a major prize and a couple of minor prizes. This could add a fun element to your competition or encourage more entrants if there are more chances of winning a prize.
Make sure you clearly state the important dates for your competition:
- Start Date
- When submissions close
- Prize draw date
- When the winner will be announced
Different states have different requirements concerning when the draw must take place.
For example, In Queensland, the draw must be held in Australia and within 12 months of the promotion’s commencement date.
Is this Competition Terms and Conditions template legally binding?
All of our templates have been drafted by qualified Australian lawyers who hold an Australian legal practicing certificate.
We are affiliated with a commercial law firm based in Sydney.
I recently purchased this template for a game of chance. I feel confident that it includes all necessary information and is compliant. It was easy to use.
Just what the Dr ordered
This is a great template - ticked all of the boxes
Competition Terms and Conditions Template
Thank you so much for this one stop Template! I was building our Ts & Cs ffrom researching several, and this was a gamechanger!
All of our templates come in Word format (docx).
We recommend using Microsoft Word on a desktop to fill in the templates.
Our templates are Word documents so they’re editable.
We don’t recommend editing the template outside the highlighted areas. An experienced lawyer wrote your template. If you delete or modify clauses it could affect your protection.
We know you’re a smart cookie, but we highly recommend avoiding the temptation to fiddle.
Yes, you get lifetime access to your template.
You’ve got a contract ready to go whenever you need it in your business.
Change your font, add your logo and even some colour. Present your document in your brand style and delight your clients. You’ll still be legit. You’ll just look amazing-er.
All of our templates come with instructions on the first page.
We also include comments throughout the document to help guide you as you fill out each section.
Yes. All our templates are written by qualified Australian lawyers who hold an Australian legal practicing certificate.
Our co-founder Courtney Bowie is a partner in Sydney law firm, Her Lawyer.
Yes. You can use the templates in all Australian states and territories.
If a law changes, we’ll update your template and send it to you – for free.
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