Trade promotions

Key information about trade promotions 

A trade promotion is a free-entry lottery used by businesses to promote their goods or services. Trade promotions in NSW are regulated by the Community Gaming Act 2018 and the Community Gaming Regulation 2020.

Who can play?

Anyone can participate in a trade promotion unless they are:

• conducting the trade promotion including determining the winners
• involved in the management of any benefiting business

Children can participate unless the rules of the trade promotion have an age limit.

Entry requirements

Trade promotions cannot have an entry or other related fee for participating.

Entry by purchasing goods or services at their normal retail value is allowed.

Written approval of benefiting business

If you are conducting a trade promotion on behalf of a business, make sure that you have written consent from the benefitting business before you start the promotion activity.

Is an authority required?

An authority is required if the total prize value for a single trade promotion exceeds $10,000.

If you are unsure if your trade promotion requires an authority, you can use the community gaming check tool.

Apply for an authority

An authority can be issued for a selected period of 1, 3 or 5 years allowing multiple promotions to be run under a single authority.

The application fee depends on the duration of the authority.

Apply for an authority

Conditions

Fees are for July 2024 - June 2025.

The above fees include a $371 non-refundable processing fee. If you cancel your authority, this fee will not be refunded.

*For online applications, there is a 10% processing fee discount.

Notification of commencement of gaming activity

If your gaming activity requires an authority, you must provide a copy of the gaming rules to NSW Fair Trading. This must be at least 10 working days before the proposed promotion takes place.

Gaming activities cannot commence until notification is given, you can notify NSW Fair Trading online.

Please refer to the community gaming rules template when providing the rules to NSW Fair Trading. You can send your completed set of rules to NSW Fair Trading at CElottery@customerservice.nsw.gov.au.

Prizes 

There is no maximum prize limit for trade promotions. 

Prizes may consist of anything except a prohibited prize. 

Prohibited prizes

The following prizes are prohibited: 

• a firearm, ammunition, an imitation firearm or other prohibited weapons as defined by the Weapons Prohibition Act 1998  

• tobacco, smoking or vaping products   

• cosmetic surgery and other procedures falling under Division 1A of Part 3 of the Poisons and Therapeutic Goods Act 1966  

• more than 20 litres of liquor where the alcohol is 20% or less by volume or more than 5 litres of liquor where the alcohol content is more than 20% by volume  

• any other prize that contravenes any other law of this State or the Commonwealth. For example, Charitable Fundraising Act 1991 (NSW) and Gaming Machines Act 2001 (NSW)

Unclaimed prizes  

The gaming activity rules should specify how to deal with an unclaimed prize.  

If a prize isn’t claimed within a set period of time, it can be forfeited, and another draw held to determine a new winner. Otherwise, the prize must be kept until awarded to the winner.  

Every reasonable effort must be taken to contact the prize winner. If contact cannot be made, the operator must keep the prize for the duration stated in the rules.  

If the rules do not have a time frame for an activity that requires authorization, the operator must keep the prize for at least 3 months. After this time a new winner may be chosen.  

Perishable prizes, such as a meat tray, can be disposed of or sold for a reasonable price. The money (after sale or disposal costs) must be held in trust for the winner. 

Changes to rules  

If there any changes to the rules for a gaming activity, you must: 

• take all reasonable steps to notify the participants, or 

• make the information publicly available within a reasonable time before the activity starts. 

If an authority is required for the gaming activity, any substantial change must be reported to NSW Fair Trading. You can do this by filling out a Changes to Gaming Activity notification form and sending it to CElottery@customerservice.nsw.gov.au.

Advertising

You must clearly advertise the rules of the trade promotion. This will enable potential participants make an informed decisions about entering.  

If you cannot publish the rules in an advertisement or on a ticket, you must state where the rules can be found, such as a website. 

Any unusual or onerous conditions of entry must be clearly displayed without consumers having to purchase a product or service to discover those details.  

If a product or service purchase is required for entry, these conditions must be clearly and prominently displayed on the outside of the product.  

Advertising material must not: 

• encourage a breach of the law 

• depict children participating in the gaming activity 

• suggest that winning will be a definite outcome of participating in the gaming activity  

• suggest that participating in the gaming activity will definitely improve a person’s financial prospects 

 If you need an authority for your gaming activity, all advertising material must clearly display the authority number.

Running a trade promotion online

Businesses can promote their goods or services online including on social media. 

The person or organisation promoting the business must: 

• comply with the rules of the trade promotion  

• comply with applicable requirements under the Community Gaming Laws 

• apply for a valid NSW authority if the promotion has: 

  • a total prize value exceeding $10,000 and 

  • is open to NSW residents, even if the operator lives outside of NSW.