Wanting to run an Instagram giveaway within Australia and unsure of the legalities surrounding this type of promotion? Often gaming rules will vary state to state, so it is important be across the different requirements according to the types of promotion you’re running. In today’s blog post, we will delve into some of the competition guidelines, types of games and Instagram’s specific rules for running giveaways.
Disclaimer: This blog post should not be used in place of legal advice regarding gaming laws. Please do your due diligence when it comes to research for your own governing body.
Trade Promotions – Australian Guidelines for Competitions
There are basically two types of games you can seek to run when doing a giveaway in Australia to promote your goods or services.
- A game of skill – Example: ‘answer in 25 words or less’ or ‘upload a photo of xyz.’
- A game of chance – winners are selected at random.
Do you need a permit?
Australia-wide competitions:
When running a game of skill and the prize is valued at $3000 or under, you do not require a permit in Australia.
The following criteria must however apply:
- It should either be free to enter or the cost of the good/ service to enter – example: buy x and receive free entry to the giveaway.
- The start and end date of the competition must be clearly stated.
- You must also explain how you will announce/notify the winner.
If you are in NSW you will require a permit for a game of chance.
State by state competitions:
ACT
No permit is
required for a game of skill or a game of chance if the total prize value is
under $3,000
NSW
No permit is
required for game of skill, however a permit must be purchased to run a game of
chance (approx. $80 for this permit).
NT
No permit is
required for a game of skill or a game of chance if the total prize value is
under $5,000
QLD
No permits required
for either option.
SA
No permit is required for a game of skill if the total prize value is under $5,000 however you must apply for approval for a game of chance (no cost, but must show the way the winner will be selected)
TAS
No permits required
for either option.
VIC
No permits required
for either option.
WA
No permits required
for either option.
Instagram Giveaways – What you need to know
You are allowed to do the following when running an Instagram competition:
- Ask people to like your page
- Ask people to like your post
- Ask people to comment on your post
- Ask people to share your photo
- Ask people to share a specific competition #hashtag
DON’T FORGET
You must indemnify Instagram
from having anything to do with the promotion you are running. The correct phrase
to use is:
“This promotion is in no way sponsored, endorsed, administered by or associated
with Instagram”
Example giveaway post:
GIVEAWAY – You could win xxx valued at $xxx
To enter:
- Follow the account @xxx
- Tag 3 friends in the comments below
- Share this post to your stories for extra
entries
Terms and Conditions:
1. Entry is open to Australian residents only.
2. Promotion commences xx/xx/xx and final entries close on xx/xx/xx
3. The Prize is a xxx valued at $xx. Prizes are not transferable or
exchangeable and cannot be taken as cash.
5. Winners will be notified via our Instagram page/stories on xx/xx/xx
This competition is in no way sponsored, endorsed or administered by, or
associated with Instagram
Please note:
Different rules apply to Facebook competitions so it is important to do your research when it comes to running giveaways on this platform.
For up to date information from the governing bodies themselves, head to:
Facebook Guidelines: https://www.facebook.com/policies/pages_groups_events/
Instagram Guidelines: https://help.instagram.com/179379842258600
ACT: https://www.gamblingandracing.act.gov.au/industry/lotteries/trade-promotions
NSW: https://www.fairtrading.nsw.gov.au/games-of-chance/promoting-a-business/trade-promotion-lottery
QLD: https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/gaming/not-profit-charitable/competitions-raffles-bingo
NSW: http://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/Cooperatives_and_associations/Games_of_chance/Trade_promotion_lotteries_business.pdf
NT: https://nt.gov.au/industry/gambling/lotteries-community-gambling/apply-to-run-a-trade-lottery
SA: https://www.sa.gov.au/topics/business-and-trade/running-a-business/trade-promotions
TAS: https://www.treasury.tas.gov.au/liquor-and-gaming/gambling/applying-for-a-gaming-licence-or-permit/minor-gaming-permit/trade-promotions
VIC: https://www.vcglr.vic.gov.au/gambling/lotteries/trade-promotion-lotteries/about-trade-promotion-lotteries
WA: https://www.rgl.wa.gov.au/docs/default-source/gaming/trade_promotion_lotteries.pdf?sfvrsn=14
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