Snapshot: top tips to ensure your promotion is legal

Snapshot: top tips to ensure your
promotion is legal
Trade promotions are a powerful and effective marketing tool, and done correctly, can have a positive
impact on a business or brand. But getting them right requires careful consideration of the key elements,
and compliance with gaming, consumer and privacy laws. Here are our top tips for ensuring your
promotion is legal.
1. Who can enter?
Is the promotion Australia-wide, or just in one state or territory? How old do entrants need to be
before they can enter? Each state and territory has its own laws governing promotions. Do your TCs
comply? Do you know what permits you need?
2. How do they enter?
Make sure your entry mechanic is clear. Don’t jumble words together in running sentences that are
difficult to decipher and make it hard for people to work out what to do.
Get it?
Step out your mechanic, using dot points if there are several steps involved.
And if you’re using social media to run or support your promotion, keep in mind that each platform
has its own rules with which you must comply – or your promotion could be taken down.
3. What can they win?
Be as clear as clear can be. You must deliver the prize offered in the TCs, or risk breaching the
Australian Consumer Law. Added to that, poorly described prizes can lead to misunderstandings and
grumpy winners. Which means bad PR. And you may have to fork out more than you’d planned ...
4. What about privacy?
Don’t overreach when collecting the personal information of entrants. Collect only what you
reasonably need. Make sure you have both an information collection statement and a privacy policy.
You don’t want a ‘please explain’ from the Information Commissioner.
5. Don’t get your wires crossed!
Marketing collateral must be a fair and accurate reflection of the TCs, and MUST NOT contradict them.
Be positive and enthusiastic, but make sure you inform your audience about important restrictions.
You don’t want confusion. And you definitely don’t want a ‘please explain’ from the ACCC.
Need help?
Call us on (03) 9663 9877 for an obligation free chat. We’re the trade promotions experts!