SAMPLE TERMS & CONDITIONS

Below are “sample” Terms & Conditions we’ve had prepared by The Permitz Group, a law firm that specialises in Trade Promotions & Competition Permits.

We contracted Permitz to create a template version of the Terms & Conditions that would be appropriate for this promotion.

The “template” is below & you might like to use it.

Or you might like to seek your own legal advice regarding the Ts & Cs for your promotion – it’s entirely up to you.

But our aim is to provide you with the opportunity to enjoy a “low maintenance” knockout promotion – hence why we’ve created these Terms & Conditions that you might like to use.

These Terms & Conditions have been put together by The Permitz Group & their details are:

www.permitzgroup.com.au

info@permitzgroup.com

Ph: 02 8324 7406

STATE TRADE PROMOTION PERMITS:

Most states in Australia DON’T require your business to get a Lottery Permit for this trade promotion.

However, there are some states that require a Permit – check out the state requirements by clicking here.

"Condensed" Terms & Conditions

(must be displayed in all advertising)

By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.  See https://winthegoldenticket.com/3DIGITCODEHERE / for full terms. Open to Australian residents over the age of 18.  One entry per Eligible Product Purchase, defined in full terms. Competition opens OPEN DATE & TIME and closes CLOSE DATE & TIME . Subject to clause 17, Contestant will be drawn on DRAW DATE & TIME  and will be given the opportunity to spin the Electronic Wheel at Promoter’s Premises at ADDRESS HERE on DATE & TIME OF WHEEL SPIN . The Contestant or Contestant’s representative must be present to participate. Otherwise, the Contestant will be contacted by Zoom and can authorise for the Promoter to spin the Electronic Wheel on their behalf.  The Contestant will have a chance to win $50,000 (incl. GST). If the Major prize is not won, $500 consolation prize will be awarded. The odds of the Contestant winning a prize are one in 200. The total prize pool valued at up to $50,000 (incl. GST). Winner notified by email and published online at https://winthegoldenticket.com/3DIGITCODEHERE / from WINNER PICKED DATE  for 28 days. The Promoter is BUSINESS NAME  (ABN NUMBER HERE ) of ADDRESS HERE. Authorised Under: NSW Permit No. LTPS/18/xxxxx.  ACT Permit No. TP18/xxxx. SA Licence No. T18/xxxx.

$50,000 Golden Sweepstakes
Terms & Conditions of Entry

General

  1. Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
  2. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.

 

Who can enter

  1. Subject to the clauses below, entry is open to all residents of Australia who have fulfilled the requirements set out below (‘Eligible Entrants‘). Entrants must be over the age of 18, as of the date of entry.
  2. Employees, and their immediate families, of the Promoter, associated agencies and companies, contractors or individuals are not eligible to enter this competition. Immediate family means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or 1st cousin.
  3. The Promoter is BUSINESS NAME (ABN NUMBER HERE ) (the ‘Promoter‘). The Promoter’s address is ADDRESS HERE.

 

How to enter

  1. To enter Eligible Entrants must, during the Promotional Period (defined below): purchase worth $20 at winthegoldenticket.com/3DIGITCODEHERE/. Entrants will receive an entry into the competition for every $20 they spend in the one transaction. The more $20 increments in one transaction will result in more entries.
    Entrants must then go to https://winthegoldenticket.com/3DIGITCODEHERE/and submit the unique Special Code located on the back of The Golden Ticket together with their personal contact information.
  2. By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
  3. Entries must provide contact details on request to be eligible to win. Entrants may only enter in their own name. Inaudible, incomprehensible, illegible, and incomplete entries may be deemed invalid.

 

Number of Entries permitted    

  1. One entry per Eligible Product Purchase. All entrants must retain their Golden Tickets to validate proof of purchase during the promotional period. Such evidence must, on request by the Promoter, be provided to the reasonable satisfaction of the Promoter, to demonstrate that the entrant has complied with these Terms and Conditions. Any entrant found to be sharing any proof to demonstrate Proof of Purchase with any other entrant, whether or not related in any way, will have all entries invalidated and will not be able to claim a prize. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any awarded prize to the Promoter. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter may conduct an immediate redraw if the first drawn entrant is unable to satisfy this clause.

 

Open, Close, Draw and Publish dates

  1. The competition commences on START DATE & TIME and closes CLOSE DATE & TIME (‘Promotional Period‘). All times noted in these Terms and Conditions are local times, based on the location of the Promoter. If any draw date falls on a public holiday, as defined in the state of the Promoter, that draw will be conducted on the next business day. Entries must be received by the Promoter prior to the competition close date and time.
  2. Subject to clause 17, the Contestant will be the first valid entry drawn at Promoter’s Premises at ADDRESS HERE on DRAW DATE & TIME . The Promoter will ensure that all entries have an equal chance of winning a prize.
  3. The Contestant or Contestant’s representative must be present at the Major Prize Draw event on WHEEL SPIN DATE & TIME . Otherwise, the Contestant will be contacted by Zoom and can authorise for the Promoter to spin the electronic spinning wheel on their behalf.
  4. At the Major Prize Draw event, the Contestant will need to pick a number on the electronic spinning wheel. The spinning wheel will then be spun and will land on a number. If the Contestant selects the wining number, which is the number the wheel spin lands on using the Prizetech Wheel, the Contestant will win the cash prize of $50,000. There is a one in 200 chance of the Contestant winning that prize. If the  wheel stops on  a different number, the Contestant will get the consolation prize.
  5. The draw and the announcement of the prize winner will be scrutinised by an independent person.
  6. The winner will be notified by email within two business days of the draw. Their name will also be published on DRAW WINNER DATE at https://winthegoldenticket.com/3DIGITCODEHERE/ for 28 days.
  7. Prizes (or in the case of vouchers, prize confirmations) will be sent within 28 days of the draw.
  8. Should at the time of the prize event where Eligible Entrants are required to attend in person, there be a State or Territory legislated, individual health order, or other restriction on the Eligible Entrant from attending i.e. from leaving their State of residence, then the Eligible Entrant may attend via Zoom with the Promoter otherwise running the prize event as originally planned. This will be achieved by a representative of the Promoter following the instructions of the Eligible Entrant, to the best of their ability. The actions of the Promoter representative will determine the results of the competition
  9. The Promoter may conduct such further draws on DATE (at TIME at Promoter’s Premises at 123 Street Name Rd, CT, QLD 4000) as the original draw in order to distribute any prizes that have been won but are unclaimed by this date, subject to State and Territory legislation. Winners of any further draws will be notified by email within two business days of the draw. Their names will also be published on DATE at https://winthegoldenticket.com/3DIGITCODEHERE/ for 28 days.

 

Prize on offer

  1. The total prize pool is valued at up to $50,000 (Including GST), as at START DATE.
  2. The total number of competition winners in this competition is one. The prize on offer is:

 

 

Number of winners

Prize description

1 Winner

There will be one $50,000 winner or consolation prize winner valued at $500.

 

        

  1. For any cash prizes the winner must have an eligible bank account to which a cheque can be cashed. The Promoter will take reasonable steps to send a cheque or EFT in the name as specified. Winning entries with only a family name or reference to a family as the entrant cannot be cashed by banks. If the winner of any prize is under 18 years, the prize may be awarded to the winner’s nominated parent or guardian on behalf of the winner, at the discretion of the Promoter.

 

Further Terms and Conditions

  1. Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
  2. Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
  3. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  4. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery. The Promoter makes all reasonable efforts to deliver prizes to the addresses provided by competition entrants. The Promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner.
  5. The Promoter reserves the right to request winners to sign a winner’s deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
  6. The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
  7. The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries. Prizes are subject to availability, not transferable or exchangeable and, with the exception of cash prizes, cannot be taken as cash. Prizes will be sent to the winner’s nominated address as stated in their original entry. The Promoter and their associated agencies, and companies associated with this promotion will take no responsibility for prizes damaged or lost in transit.

 

Privacy Collection statement

  1. By submitting an entry into this competition entrants consent to receive promotional and other marketing messages from the Promoter (including messages sent electronically for an unlimited period of time). Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.
  2. The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). The Promoter may disclose personal information collected to an agent who is engaged to conduct the competition draw and for prize fulfilment. The Promoter may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. The Promoter will otherwise handle your personal information in accordance with its Privacy Policy available at https://winthegoldenticket.com/3DIGITCODEHERE/privacy. You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, BUSSINESS NAME (ABN NUMBER HERE) of ADDRESS HERE .

 

Copyright, Statutory guarantees, Waiver and liability

  1. All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
  2. In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
  3. Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
  4. The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition or if such a change is required to ensure the safety of the Promoter, its representatives and of entrants. Such changes may include the timing of any draw, the conduct of any prize related activities, and the timing or destination of any travel. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use “scripting” is not permitted and will not be accepted.
  5. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  6. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees‘).
  7. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.

 

Competition permits

  1. Authorised under: NSW Permit No. LTPS/18/xxxxx. ACT Permit No. TP18/xxxx. SA Licence No. T18/xxxx.

State Permit Fees

Prices & requirements may be gained from the relevant State Authorities via website URL’s shown below. 
These details are relevant as of 16/09/2019

NOTE: Fees can change at any time, so please always check the relevant State Authority websites. 

STATE

DOES THIS STATE REQUIRE A PERMIT?

QLD No Permit Required For more info go to: https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/gaming/not-profit-charitable/competitions-raffles-bingo
NSW For a $50,000 prize, permit cost is $320 For more info go to: https://www.fairtrading.nsw.gov.au/games-of-chance/promoting-a-business/trade-promotion-lottery
ACT For a $50,000 prize, permit cost is $605 For more info go to: https://www.gamblingandracing.act.gov.au/industry/forms-and-fees/lotteries#trade_promotions
VIC No Permit Required For more info go to: https://www.vcglr.vic.gov.au/gambling/lotteries/trade-promotion-lotteries/about-trade-promotion-lotteries
SA For a $50,000 prize, permit cost is $788 For more info go to: https://www.sa.gov.au/topics/business-and-trade/running-a-business/trade-promotions
WA No Permit Required For more info go to: https://www.dlgsc.wa.gov.au/racing-gaming-and-liquor
TAS No Permit Required For more info go to: https://www.treasury.tas.gov.au/liquor-and-gaming/gambling/applying-for-a-gaming-licence-or-permit/minor-gaming-permit/trade-promotions
NT For a $50,000 prize, permit cost is ? You do not need a permit in the NT if you hold a permit in another state or territory. For more info go to: https://nt.gov.au/industry/gambling/gambling/lotteries-community-gambling/apply-to-run-a-trade-lottery