A trade promotion is a lottery to promote the sale of goods or services. The winners must be determined by a drawing or by chance.
- If the winners are determined by skill it isn't considered a lottery and doesn't require a trade promotion lottery licence, for example any tipping competitions.
- A competition where a person can only enter by completing a minor test of skill, like answering a simple question, is still a trade promotion if the winner is determined by a draw.
Entry must be free for all trade promotions, but:
- participants may have to buy goods or services, which are the subject of the promotion
- the cost of entry by phone can't be more than 50 cents (plus GST and any mobile charges).
The winner or winners can be drawn or win instantly depending on the type of promotion.
A trade promotion can't run for longer than 12 months from the start date to the final closing date for entries into the lottery. You can only be licensed to conduct one lottery at a time within the specified period.
Types of trade promotion
Some trade promotions require a licence. Before you begin, you'll need to determine if you need a licence and which promotion type to apply for.
Prizes over $5,000
If the total prize amount is over $5,000 and you're not using instant scratch or break open tickets, it's a major trade promotion.
Entry must be free but:
- participants may have to buy goods or services, which are the subject of the promotion
- winners must be determined by lot, drawing or chance
- the cost of entry by phone can't be more than 50 cents (plus GST and any mobile charges).
Winners can be drawn or win instantly depending on the type of promotion.
You must apply for a major trade promotions licence .
Standard applications will take 14 business days to assess from when CBS receive your application.
Applications lodged within 5 business days of the planned trade promotion date require you to pay a premium fee. This will deliver an assessment 5 business days after CBS receives the application.
Prizes under $5,000
If the total prize amount is under $5,000 and you're not using instant scratch or break open tickets, it's a minor trade promotion.
Entry must be free but:
- participants may have to buy goods or services, which are the subject of the promotion
- winners must be determined by lot, drawing or chance
- the cost of entry by phone can't be more than 50 cents (plus GST and any mobile charges).
Winners can be drawn or win instantly depending on the type of promotion.
You don’t need a licence for minor trade promotions.
Instant tickets
If you're using instant scratch or break open tickets where the number, letter or symbol is hidden, it's an instant prize trade promotion lottery.
Instant prize lotteries have instant prizes only and may also have:
- an unclaimed prize draw
- a second chance or major draw in the terms and conditions.
Regardless of the prize amount, you must apply for an instant prize trade promotion licence.
Standard applications will take at least 14 business days to assess from when CBS receive it.
If you need the assessment within five business days from when CBS receive your application, you must pay a premium fee.
Prizes over $5,000
If the total prize amount is over $5,000 and you're not using instant scratch or break open tickets, it's a major trade promotion.
Entry must be free but:
- participants may have to buy goods or services, which are the subject of the promotion
- winners must be determined by lot, drawing or chance
- the cost of entry by phone can't be more than 50 cents (plus GST and any mobile charges).
Winners can be drawn or win instantly depending on the type of promotion.
You must apply for a major trade promotions licence .
Standard applications will take 14 business days to assess from when CBS receive your application.
Applications lodged within 5 business days of the planned trade promotion date require you to pay a premium fee. This will deliver an assessment 5 business days after CBS receives the application.
Prizes under $5,000
If the total prize amount is under $5,000 and you're not using instant scratch or break open tickets, it's a minor trade promotion.
Entry must be free but:
- participants may have to buy goods or services, which are the subject of the promotion
- winners must be determined by lot, drawing or chance
- the cost of entry by phone can't be more than 50 cents (plus GST and any mobile charges).
Winners can be drawn or win instantly depending on the type of promotion.
You don’t need a licence for minor trade promotions.
Instant tickets
If you're using instant scratch or break open tickets where the number, letter or symbol is hidden, it's an instant prize trade promotion lottery.
Instant prize lotteries have instant prizes only and may also have:
- an unclaimed prize draw
- a second chance or major draw in the terms and conditions.
Regardless of the prize amount, you must apply for an instant prize trade promotion licence.
Standard applications will take at least 14 business days to assess from when CBS receive it.
If you need the assessment within five business days from when CBS receive your application, you must pay a premium fee.
What you'll need
Your application must include:
- the title of the lottery, which must be unique
- your contact details
- the traders contact details
- a copy of the terms and conditions of entry
- the proposed entry form
- any proposed advertisement
- details of any incentive to enter or participate in the lottery
- the licence fee.
If the trade promotion lottery includes instant prizes:
- details of the manufacture, packaging or storage of instant prize tickets
- a statement that the prizes, number, letters or symbols on a ticket are hidden.
If the lottery will also run in another state or territory, contact them about their licensing requirements.
Fees
* If you need the assessment within five business days from when CBS receive your application, you must pay the premium fee.
Value of prize | Standard fee | Premium fee* |
|---|---|---|
Instant prize only - $0 to $10,000 | $238.00 | $477.00 |
Major trade promotion only - $5,001 to $10,000 | $238.00 | $477.00 |
Both instant and major trade promotions - $10,001 to $50,000 | $874.00 | $1,751.00 |
$50,001 to $100,000 | $1,529.00 | $3,052.00 |
$100,001 to $200,000 | $2,622.00 | $5,242.00 |
More than $200,001 | $4,808.00 | $9,617.00 |
Application for amendment of a major or instant prize trade promotion | $78.50 |
Application fees are not refundable.
How to apply
Apply online for a major or instant prize trade promotion licence.
What happens next
Standard applications will take at least 14 business days from when CBS receive your application.
CBS will contact you if further information is required or when your licence is approved. Lodging an application does not mean it is, or will be, granted.
Prizes and promotions
The goods and services being promoted must be your normal business products.
Trade promotion lotteries can't promote or have as prizes:
- tobacco products
- firearms, antique firearms and ammunition
- dangerous articles and prohibited weapons
- cosmetic surgery or other similar medical or surgical procedures where the main purpose is improving personal appearance
- goods or services that are illegal to sell in South Australia.
The value of the prize advertised must be the retail value. If the item is an antique or a piece of artwork, craftwork, collectable bric-a-brac or is second-hand, the value must be whatever the price is likely to be paid for the item if sold at auction
Conduct and conditions
Make sure you allow enough time for each phase of the lottery, including:
- printing tickets
- advertising
- drawing
- notifying winners
- publishing the results.
The terms and conditions of a trade promotion should provide for the manner in which prizes must be dealt. Reasonable time should be given to the winner to claim their prize (14 days).
Advertising
Anyone can enter a trade promotion lottery, subject to the terms and conditions unless the product or prize isn't available to a person because of their age.
All advertisements of a major trade promotion lottery must contain:
- the licence number
- how to enter
- the nature and value of the prizes
- how to get a copy of the full terms and conditions.
All advertisements of an instant prize lottery must contain:
- the name of the trader
- the licence number
- the duration of the lottery
- the nature and value of the prizes
- how and where the full terms and conditions can be accessed if they aren’t included in the advertisement
- if advertised on television, radio or at the cinema, the name and address of the licensee.
Advertising or promoting of any lottery must not:
- suggest that the lottery can fix personal or financial problems or cover expenses
- imply that the lottery can increase social, sexual or employment opportunities
- exaggerate the prizes or suggest the chance of winning is better than it really is
- suggest that someone’s skill means a better chance of winning
- link the lottery with drinking too much alcohol
- exaggerate the connection between the lottery and how the proceeds will be used.
Advertising or promoting must include enough information for people to understand the chances of winning or the overall return when the advertising:
- encourages people to enter within a certain time frame
- refers to how often a prize or prizes can be won.
A major trade promotion lottery can't begin until a licence has been granted. The licence number must appear on all advertising.
Draws
The draws must take place:
- on the day, time and place stated
- under the supervision of the promoter or trader
- in front of any ticket holders who want to be there
- in front of an independent scrutineer, if the total prize value is over $30,000.
Participants don't have to be present when the lottery is drawn to win a prize. A prize can't 'jackpot' or a new ticket drawn if the winner isn't there.
If the winner isn't present when the lottery is drawn, notify them in writing within seven days and tell them how the prize can be delivered or collected.
Results
For each prize valued at over $250, the initial of the first name, last name and the postcode of each winner must be published within 30 days of the draw.
For major trade promotions, publication should occur in the location specified in the terms and conditions. Trade promotion instant prize lotteries require winners to be published in the location specified in the terms and conditions, or in a place that is appropriate to where the lottery was promoted or conducted, and where participants would reasonably expect to locate the information.
Scrutineer
A scrutineer must be either:
- a commissioner for taking affidavits in the Supreme Court
- a justice of the peace
- a notary public
- any other person authorised to take declarations under the Oaths Act 1936
- a person authorised by the minister to be a scrutineer
- on the Australian Government's list of approved witnesses.
Record keeping
Ticket butts, entry forms and other records relating to the lottery must be kept for at least three months after the draw.
Penalties
Anyone who acts dishonestly in connection with the lottery is guilty of an offence. The maximum penalty is $50,000 or two years imprisonment.
If the trader or promoter is guilty of an offence and receives a penalty, the same applies to:
- each member of the management committee
- board of directors
- chief executive officer
- any employee responsible for the conduct of the lottery.
Approvals
Consumer and Business Services will contact you when your licence is approved. Lodging an application does not mean it is granted.
An application can be refused if:
- the prizes or incentives include prohibited goods or services
- the terms and conditions for an unclaimed prize don’t give the winner a reasonable chance to claim it.
Changing a licence
Consumer and Business Services must approve any changes to a lottery licence. You must complete the application to amend a trade promotion form with the reasons for the change.
A licence won't be amended if the promotion has started or if the change is unfair.
In special circumstances, you can ask that a lottery rule be left out. It will only be allowed if it's fair to all participants.
Extra conditions may need to be added to your licence.
Cancelling a licence
A licence can be cancelled or suspended if:
- information given was not accurate
- legislation isn't followed
- licence conditions aren't met
- the prizes or incentives include banned goods or services.
Related information
Documents
Guidance note for Major Trade Promotion Lotteries (PDF 369.86KB)
