APRIL 2016

Trade Promotion Lotteries

Guideline for assessing whether Trade Promotion
Lotteries are offensive or contrary to the public
interest
The following guidelines sets out some requirements for trade promotion lotteries. The list is not
exhaustive and the Commission will consider and determine whether each trade promotion lottery
complies with the law and generally complies with the codes on its merits.

A Trade Promotion Lottery must: • Promote prostitution services other than in

• Comply with the law, including the Trade accord with law.
Practices Act 1974, the Gambling Regulation • Misrepresent the goods or services other than
Act 2003, the Firearms Act 1996, the in accord with law.
Prostitution Control Act 1994, the Liquor
Control Reform Act 1998, the Tobacco Act • Promote or involve unconscionable conduct.
Victorian Commission for Gambling and Liquor Regulation

1987 and related regulations and mandatory

• Involve anything that would cause alarm
codes.
or distress to children, or expose them to
• Comply generally with the relevant approved behaviour, language or depictions inconsistent
industry code (publications, film, television, with the requirements of the applicable
radio, internet, mobile premium services, legislation or industry code.
computer games, advertising, gaming
• Involve a breach of a person’s privacy.
machine games, responsible service of
gambling, responsible service of alcohol) • Promote products or services which do not
as the case may be. The industry code or comply with a relevant safety standard.
standard must be approved by the relevant
• Induce a person to open a betting account.
regulator or in the case of advertising by the
Australian Association of National Advertisers • Allow as a precondition for participation that
(AANA). entrants:
A Trade Promotion Lottery must not: (a) have played a gaming machine; or
• Advertise gaming machines outside an (b) take part in a loyalty scheme which requires
approved gaming venue. them to –
• Allow or encourage minors to participate if (i) s pend money playing a gaming machine as
the goods or services being promoted by the a condition for participation in the scheme;
trade promotion lottery or the prizes awarded or
in the trade promotion lottery would be illegal
for them to purchase. (ii) receive gaming machine advertising

• Promote cigarettes, tobacco or tobacco • Gaming operators must not conduct trade
products. promotion lotteries in relation to gaming.

• Promote firearms except by a licensed

firearms dealer.
Victorian Commission for Gambling and Liquor Regulation

A Trade promotion lottery should not: • Promote the consumption of alcohol in

• Encourage a person to gamble more on excess of the limits contained in the Australian
gaming machines by means which may offend guidelines to reduce health risks from drinking
the principles of responsible gambling. alcohol, the ‘Guidelines for Responsible Liquor
Advertising and Promotions’ released by the
• Use a lottery method for a trade promotion Commission and/or the ABAC Responsible
lottery targeted to a minor that is similar to Alcohol Marketing Code.
other gambling products.
• Contain features that contravene the Mobile
• Suggest that entering a trade promotion lottery Premium Services Industry Code, including
will improve a person’s financial prospects, the requirement for a ‘double opt-in’ to
social status or make a person more attractive subscription services.
to others.
These guidelines commence on 6 April 2016 and
• Suggest that a person’s skill can influence the replace any previous guidelines.
outcome of a game that is purely a game of
chance.

• Promote or involve an objectionable contract

(for example, where the consequences to be Alex Fitzpatrick
imposed on an entrant in a promotion are so
Director Licensing
dire that a court would be unlikely to enforce
them).

• Require or encourage a person to undertake

acts which are dangerous, violent, humiliating
or involving harm to the person or harm to a
person’s property.

• Involve behaviour, language or depiction that

would generally be regarded as indecent or
offensive if conducted/published/broadcast
in/to the public (eg pornographic or cause
undue offence on religious, cultural, disability
or gender grounds).

• Promote products, or offer a product as a

prize, without informing participants of a
relevant licensing requirement.

49 Elizabeth Street, RICHMOND VIC 3121

1300 182 457 vcglr.vic.gov.au
contact@vcglr.vic.gov.au