FAQs
Competition permits, random draws and T&Cs help

TPAL offers brands, agencies and legal firms the opportunity to manage their competition/promotion obligations in one central location.

The legislation surrounding random draw competitions/promotions varies between Australian states and it is difficult to keep track of what the individual rules and regulations actually are.

TPAL provides the tools you need to help ensure your competition/promotion is compliant, including the ability to apply for permits, draft terms and conditions, and perform government approved random draws.

If you're running a skills-based promotion and therefore do not require a permit, click here.

TPAL was set up by a team with over 15 years of digital campaign experience.

Very often, we would listen to complaints about the difficulty our clients had in understanding what was required to set up a legally compliant competition/promotion. They would ask whether they need a permit, how to randomly draw the winners, how to publish the winners, how to draft the terms and conditions (skills-based or chance-based), etc.

The complexity was and is still compounded by the fact that each Australian state and territory has separate rules. So, for instance, if you run a "national" chance-based competition/promotion, you need to keep track of the regulations imposed by each and every state and territory.

TPAL was founded on the principle that the "boring" part of a campaign should be as pleasant as possible and cause minimum stress. We offer brands and agencies, including legal firms, the opportunity to manage their compliance obligations in one central location. This includes the permit application and compliance checks, the drafting of terms and conditions (skills-based or chance-based), and approved random draws.

If you have any feedback about how we can improve, please let us know. We welcome your feedback.

We can help you apply for competition/promotion permits across states using only one form. We can also help you ensure your competition/promotion is compliant, including performing approved random draws, helping you with your terms and conditions and keeping all of your competition/promotion records in one central spot.

If you would like legal assistance beyond what we can provide, please contact us and we will be able to put you together with our partner Clarke Kann Lawyers.

Yes.

TPAL allows you to manage your clients and their competitions/promotions in one central location which makes the process much easier for you.

The interface helps you track and monitor the competitions/promotions, including permit applications and compliance reminders.

TPAL can also be used to send automated notifications to key team members, both within your agency, and to the client.

TPAL managed submission

We manage the approval process with the states and communicate with you as required:

Submission: $215 – $290 (ex GST) + government permit fees.

Amend approved permit: $235 (ex GST) + government amendment fees.

The cost of the actual permits vary between the states/territories and depend on the prize value. When you create a competition/promotion, we will give you an estimate of these government fees. The TPAL fee depends on the submissions required.

Random draw

$150 (ex GST).

This will cover most random draw specifications and is per draw performed (but is regardless of the number of prizes awarded.)

Terms and conditions - chance based

$245 (ex GST).

Our interactive wizard will generate a suggested terms and conditions document for your specific competition/promotion, which we will ask you to review and approve. If you want a lawyer to review the generated document, we recommend our partner lawyers Clarke Kann. Please contact us for details.

Abridged terms and conditions for use on your advertising material are available for an additional $75 (ex GST).

Your obligations vary between the states (and territories). If you run a national competition/promotion, you need to adhere to each state's requirements and rules.

Broadly, there are 3 phases that you should be looking at:

• Before the competition/promotion
• During the competition/promotion
• After the competition/promotion

Before the competition/promotion

There are several things you need to attend to before the competition/promotion, including the drafting of terms and conditions, applying for permits, state submission requirements, and ensuring that any promotional material will comply with state regulations (eg the requirement to include a reference to the permit approval number on all marketing and promotional material).

During the competition/promotion

You will need to ensure that you comply with the permit obligations during the competition/promotion, again noting that each state has different requirements. For example, if a prize draw is over $10,000, NSW require you to have an independent scrutineer to oversee the draw.

After the competition/promotion

After the competition/promotion ends, there are still things you need to do in order to meet the permit requirements. For example, you will generally need to perform an unclaimed prize draw if some of the prizes were not claimed after the competition/promotion ended.

When you apply for a permit with TPAL, we automatically tell you what your compliance obligations are.

We provide you with the tools you need to help you comply with the obligations imposed by each individual state. This includes the compliance notes that we automatically add to your competition/promotion and the email reminders we send you.

The permit application will guide you through the process step by step.

We offer an authorised random draw service as an option when applying for your permits. We will manage your draw(s) and arrange a scrutineer if required.

Our system is pre-approved, meaning that you do not need to apply separately for approval. We will keep a record of the winners and methodology ensuring that you also meet the record keeping requirements.

For a self-service option, visit randomdraws.com.au™ where you can upload your entries, select the number of winners you require, and we will randomly output the winners.

If you are running an instant win competition, visit instantwinapi.com™

If the value of the prize draw is above $10000, an independent scrutineer is required by NSW. The scrutineer does not need to be qualified but is required to be independent and not benefit from the draw in any way.

SA require an independent scrutineer to attend the draw if the value of the draw is $30000 or higher. SA require that the scrutineer be of a certain qualification. This would typically be a lawyer, qualified accountant or JP.

The rules can often be confusing to understand, so please contact us for more information and to discuss how we can help.

Yes if the permit has not been approved yet, but you will need to amend the application and resubmit it along with the updated terms and conditions. TPAL will charge an amendment fee of $215 (ex GST) for managed competitions/promotions and the states have the discretion to charge for the amendment as well.

If you want to defer the competition/promotion dates after a permit has been received and the competition/promotion has already started, you will need special approval from the states. Please contact us and we can assist.

Once you commence the competition/promotion, you can't cancel it without seeking approval from each state permit body. Please contact us and we can assist.

Yes. The permit number(s) and the terms and conditions, or a reference to where the terms and conditions can be accessed, must be included on all advertising. It is not permitted to display a "Permits pending" message.

You should also at a minimum include the start and end date, how to enter including any special conditions (eg must be over 18 years), prize values, the total prize pool, the draw date/time, when/how the winners will be notified and published, as well as the promoter's details (organisation name, address, ABN).

Abridged terms and conditions for use on your advertising material are available for an additional $75 (ex GST).

The winners of individual prizes that are higher in value than a certain amount need to be published on a website or a publication that circulates where the prizes were awarded. Each state has different requirements (e.g. SA if more than $250, NSW if more than $500, VIC if more than $1000, and ACT regardless of value.)

If you require assistance understanding the specific state requirements, in order to draft the rules for the competition/promotion or to apply for a permit, contact us and we will be able to assist.

Alternatively, you can contact the states direct.

Yes. It is best to keep records of your promotion for up to three years.

You generally need a permit by NSW, SA, ACT and NT if there is an element of chance in determining the winners. That is, if the competition/promotion is a random draw competition.

Whilst the other states do not require a permit, you must comply with their individual rules and regulations. For example, WA require you to send them the final terms and conditions.

Please note that if your competition/promotion runs across multiple states, you may need more than one permit and you will also need to comply with the rules and regulations of each relevant state.

Sometimes you need a permit even if you don't think you need one. For example, a cash back promotion that is limited to say 3000 claims is considered a game of chance by some of the states.

A common scenario when you do not require a permit is when the competition/promotion has a low prize value or is an internal staff competition.

When you set up a competition/promotion, the form will automatically check if you need a permit.

Click here for more information about permits.

Each state operates independently of each other and has their own department and respective rules and regulations.

If you run a competition/promotion that is open to residents across multiple states (eg NSW and ACT), you will need to ensure that you comply with each state's individual requirements. This also means that you may need more than one permit.

We will manage the communication with each state on your behalf.

Our application allows you to fill in a single form, which is then used to apply for permits for all required states.

We handle everything including the permit application fees and communicating with each state body to ensure your competition/promotion is approved as quickly as possible.

As you fill in the application form, we automatically tell you what your compliance requirements are. We also notify you of important events via email, such as when to draw any unclaimed prizes.

To get started, please set up an account.

• You complete only one form even if you apply for multiple permits across several states (eg it's a national competition)
• We help manage the communication with the individual state bodies
• Our online form reviews and checks your application as you go along and adapts to ensure that you submit all that is required based on your specific competition/promotion
• You can reuse a previous application to apply for a new permit
• We keep a record of your applications in one central location to help you meet the record keeping requirements
• We send you email reminders to notify you of important compliance tasks you need to attend to and remind you about important events (eg when to draw any unclaimed prizes)
• We reduce the complexity in having to understand what each state requires from you, by presenting you with one set of requests and we tell you what the compliance requirements actually are

If you do not want to use TPAL and prefer to handle the whole process yourself, please contact the states direct.

TPAL managed submission

We manage the approval process with the states and communicate with you as required:

Submission: $215 – $290 (ex GST) + government permit fees.

Amend approved permit: $235 (ex GST) + government amendment fees.

The cost of the actual permits vary between the states/territories and depend on the prize value. When you create a competition/promotion, we will give you an estimate of these government fees. The TPAL fee depends on the submissions required.

You can pay via credit card (Visa, Mastercard or Amex) or BPAY.

There is no charge to use TPAL until you decide to submit a completed application.

Trade Promotions and Lotteries Pty Ltd trading as TPAL is an Australian merchant.

Each state has different approval times.

NSW generally has a 5 - 10 business day approval time.

ACT has a 3 - 7 business day approval time.

SA has a 12 - 14 business day approval time, but offers a faster turn around if you choose to pay a premium fee (which works out to be double the standard SA fee). Please note that whilst they will aim to approve the application within 5 business days, they can't guarantee it and their fee is not refundable.

If you would like to use the SA premium service, simply set the Permit Required field to a date within the next 5 business days.

The other states do not offer a fast track service.

TPAL will send you notifications regarding the status of your permit application.

You can also check on the status of your application by logging into TPAL, and viewing the "My promotions" page. The status indication will be updated in real time as your application progresses.

During the permit application process some state bodies may request that amendments be made to your permit application.

When this happens, we will send you an email notification which outlines what you need to amend or clarify.

It is important to remember that once an amendment request is made, the permit application timeline is paused. We therefore ask that you respond quickly.

The TPAL amendment fee is $215 (ex GST). In addition, each state has the discretion to impose an amendment fee depending on the nature and timing of the amendment.

Sometimes the states may ask you to amend the application because of a non-compliant condition or an inaccuracy. There is generally no fee for responding to these requests. We will notify you of any actions required.

If you wish to amend a permit that has already been approved/issued, please contact us.

You will need to set up an account. After that, you are able to create a new competition/promotion and apply for a permit. Our intuitive form will guide you through the process.

Yes, you need terms and conditions for all types of promotions - whether they are skill or chance based.

For chance-based promotions, the terms and conditions need to be submitted as part of a permit application.

Skill-based promotions must have terms and conditions available to entrants.

All terms and conditions should include:

• Promoter name, ABN/ACN, address, phone number
• Start and end date/time
• Prize details/values
• How (including any conditions) to enter
• Place/date/time and method of draw
• How/when winners will be notified
• The method for claiming prizes (including any requirement to be in attendance at the draw)
• How results will be published (if applicable)
• Unclaimed prize draw detail
• Permit number (if chance-based)
• Purpose of collection of information

Use our interactive wizard which will produce a T&Cs document based on your specific competition/promotion.

Yes.

Our interactive wizard can draft the terms and conditions for your chance-based competition/promotion as part of your permit application. Just answer a few additional questions and we will instantly generate a suggested T&Cs document for you to review and approve.

Our wizard can also generate terms and conditions for skill-based promotions. It's really simple to use - just answer a few questions and we'll instantly provide you with the terms and conditions, as well as a link you can share with whomever you like to instantly download the document. Click here for more.

If you do not wish to use our online service, and would like to speak to a lawyer, please contact us to arrange a fee estimate with our partner lawyers Clarke Kann.

Terms and conditions - chance based

$245 (ex GST).

Our interactive wizard will generate a suggested single use terms and conditions document for your specific competition/promotion, which we will ask you to review and approve. If you want a lawyer to review the generated document, we recommend our partner lawyers Clarke Kann. Please contact us for details.

Abridged terms and conditions for use on your advertising material are available for an additional $75 (ex GST).

• Cost effective
• Instant
• Up-to-date
• Easy and fast - no back and forth with lawyers
• Convenient - 24/7 availability
• Email reminders for your promotion's important dates
• Record keeping