UPDATED AUGUST 2020 (ORIGINALLY POSTED JULY 2019)
The rules have now officially changed. As of 1 July 2020, you will only need to apply for a permit (or authority) to run a trade promotion competition open to NSW if your prize or total prize pool is valued at $10,000 or more.
When you’re running a game of chance competition that’s open to residents of New South Wales (NSW), you will only need to apply for a licence, or authority as they’re now called, if your prize or prize pool is valued at $10,000 AUD or more.
If this is you and your prize is valued at over $10,000, don’t panic, we’ll walk you through what you’ll need, how much it’ll cost, what information you’ll need and how and where you can apply.
Which licence/permit will I need for NSW?
NSW licences are managed by the Department of Fair Trading, who simplified the trade promotion permits for games of chance in July 2020. Instead of single promotion permits and multiple promotion permits that existed before the rules update, there is now one type of permit (or authority) for NSW that enables you to run multiple competitions and draws within a 1, 3 or 5 year time period.
The type of licence/permit you will need will depend on whether you plan to run a one-off competition or whether you plan to run multiple competitions over a longer period of time. A 1 year licence or authority will cover a one-off competition and multiple competitions within a year, but if you plan to repeat your competitions annually or you run regular competitions as part of your marketing strategy, it may be more cost effective to apply for a 3 or 5 year authority to run games of chance in NSW.
How much will the NSW permit cost?
NSW permits/licences, or authorities as they have now renamed them, are priced according to the length of time they are valid for.
At the time of publishing, these are the correct prices for game of chance permits, or authorities, in NSW:
Prices taken from the NSW Fair Trading website: https://www.fairtrading.nsw.gov.au/games-of-chance/promoting-a-business/trade-promotion-lottery August 2020.
For a single competition with a total prize pool valued over $10,000, the licence or authority will cost a minimum of $389 when you apply online (see below)..
TIP: as part of the changes brought in in July 2020, NSW Fair Trading have removed the $100 fee to amend a permit/licence, so if you decide to extend your competition, amend your prizes or make any other significant change to your game of chance competition, there will be no fee to pay.
What information do I need, in order to apply?
You will need to supply some documents and information with your application, so make sure you have the following prepared in advance:
YOUR TERMS AND CONDITIONS
Also known as competition rules, your terms and conditions set out the exact conditions for entering the competition.
In order to apply for your NSW game of chance permit, you will be asked to provide your business and contact details and upload a copy of your terms and conditions which must include at a minimum:
- the promotion name
- the name of the promoter (that’s you)
- the competition close date and time
- maximum number of entries per participant
- details of the prizes and their value
- how you will resolve disputes
- minimum age of entrants
- how you will notify your winners
- how you plan to announce the winners
- how long your winners have to claim their prize
- how you will redraw winners (if necessary)
SPECIFIC PRIZE DETAILS
If you’re giving away a piece of machinery or an electrical appliance (think washing machines, TVs, sound systems etc), vehicles, travel prizes or real estate; you may need to include additional information such as:
- make and model numbers and any accessories included
- for vehicles, whether any registration or other on-road costs are included
- for travel, the number of travellers included, specific inclusions such as flights, accommodation, meals, spending money etc and any applicable restrictions on when they can travel
- for real estate, specifics on type of dwelling, plans, contract and easement details, address details and what costs and extras are included.
You may also be asked to upload a sample entry form, any tickets or advertising material.
Need help with your terms and conditions?
Our lawyer-written terms and conditions cover you for all of the above and more, so you know your NSW permit will be approved with no dramas!
How do I apply for a game of chance permit?
We do offer a licence application service, but if you wish to apply for the game of chance permit yourself:
- Visit https://tponline.onegov.nsw.gov.au/tp-form and click ‘Start Application’
- You will be asked if your prize will exceed $10,000 (which is a yes if you’re reading this guide…)
A simpler application process has finally arrived.
- You’ll then be asked if you’re applying as an individual or on behalf of an organisation. If you’re applying on behalf of an organisation, you’ll need your company’s ABN or ACN handy.
- You’ll then be asked to enter your details or your company contact details.
- Next you’ll need to select whether you want a 1, 3 or 5 year authority to run trade promotions or competitions.
- The next screen will ask you to review and confirm your application details – so double check everything is correct.
- You’ll then be asked to make a declaration to agree to the terms and conditions of running a trade promotion or competition for a business. Click ‘I agree & continue’.
- The next screen will show the total amount to pay for your authority to run competitions and clicking ‘Proceed to payment’ will redirect you to the payment portal.
You can find more information on the Fair Trading games of chance trade promotion lottery website for NSW.
Applying for a game of chance permit in NSW has never been easier, thanks to the 2020 changes and a rebooted application process. If you need help with getting your competition legal, we offer a T&Cs, Rules and Licence package which gives you a comprehensive set of lawyer-written terms and conditions, social media platform rule compliance check and NSW licence application service.
Otherwise, book in a free 20 minute strategy session with one of our team to ensure your game of chance competition is covered in NSW.