Trade Promotion and Competition Rules (Template)
Version: promotions-1.1.2-2026-10-05-r22
Effective: 1 October 2026
This is a reusable draft for separate, free-entry giveaways and competitions. It is not a permit, not a promotion currently running, and not legal approval for Ohara's paid pack product. Fill every bracketed token, select the draw or skill clauses, and check the actual mechanics, advertising, participating jurisdictions and permit conditions before publication. Entry under this template is free, with no purchase required, and restricted by Ohara to Australian residents aged 18 or over. Unclaimed prizes, winner publication and record retention must follow the applicable jurisdictional rules; there is no single national redraw rule.
Draft for review. This document is a draft prepared for review and must be reviewed by an Australian legal practitioner before it is relied on.
Related documents: Terms of Service · Purchase Agreement and Sales Terms · Buy-back Terms · Privacy Policy · Data Handling Note · Frequently Asked Questions
Part A — Operator guidance (delete Part A before publishing)
A1. Before you start: the five decisions
- 1. Keep entry free, with no purchase necessary. Do not condition entry on packs, berry top-ups, purchases or paid memberships, and do not run continuous purchase-linked draws. The enacted Interactive Gambling Amendment (Gambling Reform) Act 2026 changes section 8BB from 1 January 2027. Its ordinary trade-promotion test includes a primary trade-promotion purpose, an incidental relationship to goods/services, fair-market-value limits and no ongoing system of repeated draws; statutory alternative routes also exist. Free entry or a state permit alone does not establish that Ohara's core paid product is lawful. Obtain product-specific advice before paid launch.
- 2. Choose and substantiate the prize values. Use retail values including applicable GST; for collectibles in SA, use the likely auction value required by that regulator. Total the whole promotion's prizes, not just an assumed share won in one state. See A2.
- 3. Do not use instant-win mechanics in this template. SA requires a licence for its instant-prize category, including scratch or break-open tickets with a hidden symbol, regardless of value. Other digital mechanics need classification advice; do not assume every quick online draw has the same legal classification.
- 4. Prefer physical prizes. Use specific physical cards or merchandise as prizes. Do not offer berries, free pack openings or any other chance-based product as a prize without legal advice (Queensland prohibits tickets in unapproved games as prizes; a "free pack" could be argued to be an entry into a game of chance). No prohibited prizes (see A4).
- 5. Draw or skill? A draw is a trade promotion lottery and must follow the state rules below. A genuine game of skill (for example, best photo of your collection, judged against published criteria) does not need a permit in any state, but the skill element must be real and the judging fair.
A2. Permits by state and territory (as at 1 October 2026)
| Jurisdiction | Permit needed? | When | Notes |
|---|---|---|---|
| New South Wales | Yes — an authority | Total prize value of a single promotion over A$10,000 | Obtain the authority AND notify Fair Trading of each relevant promotion at least 10 business days before it starts. Include the authority number in advertising. NSW. |
| Victoria | No | — | Conditions still apply: written winner notice, transfer prizes within 28 days of the draw, publish winners above A$1,000, records for 3 years. The regulator links the Gambling Regulations 2026. VGCCC. |
| Queensland | No | — | Category 4 promotional game. Follow prize and unclaimed-prize conditions; keep relevant records for 5 years unless a shorter period is approved. Queensland guide. |
| South Australia | Yes — a licence | Total prize value over A$5,000, or an instant-prize lottery regardless of value | Exactly A$5,000 is within the minor category if no instant tickets. Major/instant winner publication above A$250 is within 30 days, subject to the regulator's winner-privacy exception. Minor results also need publication. Claim opportunity is at least 14 days under current guidance; permits and other states can require more. Independent scrutineer above A$30,000. SA. |
| Western Australia | No individual application if conditions met | — | Draw within one month of close; keep records 12 months. Electronic/audio/visual promotions MUST lodge terms before commencement. Prior written approval is required for amendments or cancellation after commencement. WA conditions 12–16. |
| Tasmania | No for the free-entry format here | — | A completely free game is outside the regulated paid-game category. Purchase-linked trade promotions have a separate statutory definition and prevailing-market-price conditions. Tasmania. |
| Australian Capital Territory | Generally yes — a permit | Total prize value over A$3,000 | Exempt promotions still have conditions. The regulator describes a website-only advertising exception; assess actual hosting and ACT advertising before relying on it. ACT. |
| Northern Territory | Yes, subject to interstate recognition | Total prize value over A$5,000 | An interstate operator holding another jurisdiction's permit may use recognition. Standard guidance requires newspaper publication of major winners, records for at least 2 years, and surrender of non-perishable unclaimed prizes after 3 months. Resolve the applicable permit/recognition conditions before promising a redraw. NT. |
Thresholds are not complete compliance. An ordinary free-entry draw with a total prize pool at or below A$3,000 generally falls below individual permit thresholds, but conduct rules, WA lodgement, publication, privacy and unclaimed-prize duties still apply. Larger promotions must obtain the applicable permits or expressly exclude jurisdictions before advertising. See the regulator links above and the R8 legal review register. Recheck before each promotion.
A3. Running the promotion — checklist
- [ ] Prize values substantiated; permits/recognition and NSW notification completed. Allow the regulator's current processing time; do not confuse application time with a statutory notification deadline.
- [ ] Terms completed below, every bracketed token filled, published at a permanent link.
- [ ] Every post or advertisement states: the closing date, the draw date, time and place, where and when winners will be published, who can enter, a short prize description, any permit numbers, and a link to the full terms.
- [ ] Terms lodged with the WA Gaming and Wagering Commission before start (if the promotion runs through social media or other electronic media).
- [ ] Check the chosen platform's current promotion rules. This template does not require sharing, reposting or tagging other people. Complete the platform release only to the extent permitted by law.
- [ ] Draw conducted by a random number generator (or a physical draw), at the published time and place, with the major prize drawn first; draw record saved.
- [ ] Winners notified in writing (email or direct message followed by email) within 7 days of the draw.
- [ ] Winner publication plan covers each state, including NT newspaper requirements, SA minor results and any approved privacy exception. Online results remain available for at least 30 days.
- [ ] Prizes delivered within 28 days of the draw (or of a redraw).
- [ ] Unclaimed-prize process checked for every participating jurisdiction; obtain directions where needed, including NT surrender requirements. Do not promise a universal automatic redraw.
- [ ] Record retention set to UNRESOLVED: PROMOTION_RECORD_RETENTION_PERIOD with a documented jurisdictional basis and privacy disposal plan; 7 years is not a blanket national requirement.
- [ ] Comments on the promotion post monitored, and misleading comments removed.
A4. Prohibited and restricted prizes (all jurisdictions)
For this conservative template, do not offer tobacco/vaping products, weapons, cosmetic procedures, alcohol, unlawful goods, other lottery entries, berries or pack openings. This is a template restriction, not a claim that every listed item is prohibited in every state. Check the actual statutory prize restrictions for each participating jurisdiction.
Part B — Terms and conditions (publish from here)
UNRESOLVED: PROMOTION_NAME — Terms and Conditions
These terms and conditions apply to the UNRESOLVED: PROMOTION_NAME promotion (the Promotion). By entering, you agree to them. Information on how to enter and the prizes forms part of these terms.
1. Promoter
1.1 The promoter is UNRESOLVED: OPERATOR_LEGAL_NAME (ABN UNRESOLVED: ABN) of UNRESOLVED: REGISTERED_ADDRESS, trading as Ohara (the Promoter). Contact: UNRESOLVED: SUPPORT_EMAIL.
2. Promotion period
2.1 The Promotion starts at UNRESOLVED: START_TIME UNRESOLVED: TIMEZONE on UNRESOLVED: START_DATE and closes at UNRESOLVED: CLOSE_TIME UNRESOLVED: TIMEZONE on UNRESOLVED: CLOSE_DATE (the Promotion Period). State AEST or AEDT accurately for each date. Entries received outside the Promotion Period are invalid. The Promotion Period must not exceed 12 months.
2.2 Entry time is determined by UNRESOLVED: ENTRY_TIME_SOURCE (identify the Promoter's system or the chosen platform).
3. Who can enter
3.1 Entry is open to individuals who are 18 years of age or older and live in Australia, subject to UNRESOLVED: EXCLUDED_JURISDICTIONS (state "none" or list exclusions expressly).
3.2 The following people are not eligible to enter: employees, officers and contractors of the Promoter; employees of agencies and suppliers directly involved in the Promotion; and the immediate family members (spouse, de facto partner, parent, child or sibling, whether by blood or marriage) of any of those people.
3.3 The Promoter may ask any entrant or winner to provide proof of age, identity and residence. An entrant who cannot provide reasonable proof when asked may be ruled ineligible.
4. How to enter
4.1 To enter, an eligible person must, during the Promotion Period: UNRESOLVED: ENTRY_STEPS. Identify the exact platform/account, question and entry method here. Do not require payment, sharing, reposting or tagging others.
4.2 Entry is free. No purchase is necessary. Entry does not require buying anything, opening packs, topping up berries or paying a fee. Account requirement: UNRESOLVED: ACCOUNT_REQUIREMENT (if required, account creation must be free). Buying from Ohara does not improve your chances of winning. Standard internet or data charges from your own provider may apply.
5. Entry limits and valid entries
5.1 Each person may enter UNRESOLVED: ENTRY_LIMIT. Entries beyond that limit are disregarded in order of receipt.
5.2 Entries must be made personally by the entrant. Entries made through automated means, bulk-entry services or multiple accounts, or that are incomplete, illegible, offensive, defamatory or infringe anyone's rights, are invalid.
5.3 The Promoter may verify the validity of entries and may disqualify an entrant who tampers with the entry process, or who enters in breach of these terms. Any decision to disqualify will be made reasonably and, on request, explained.
6. Prizes
6.1 The prizes are:
| Prize | Number of prizes | Description | Recommended retail value (A$, incl. GST) |
|---|---|---|---|
| Major prize | UNRESOLVED: MAJOR_PRIZE_COUNT | UNRESOLVED: MAJOR_PRIZE_DESCRIPTION | UNRESOLVED: MAJOR_PRIZE_VALUE_AUD |
| Minor prizes (delete if none) | UNRESOLVED: MINOR_PRIZE_COUNT | UNRESOLVED: MINOR_PRIZE_DESCRIPTION | UNRESOLVED: MINOR_PRIZE_VALUE_AUD |
6.2 The total prize pool is A$UNRESOLVED: TOTAL_PRIZE_POOL_AUD (including GST).
6.3 Prize values are the recommended retail value, or the Promoter's reasonable estimate of market value, as at UNRESOLVED: VALUATION_DATE. The Promoter accepts no responsibility for any change in a prize's value after that date.
6.4 Prizes are not transferable and cannot be exchanged for cash unless law or the published prize terms require otherwise. If a prize becomes unavailable for reasons beyond the Promoter's control, any substitute must be of equal or greater value and comply with regulator approval requirements. Seek the winner's written agreement; follow the applicable law if agreement cannot be obtained. Do not replace a prize merely for convenience.
6.5 No fee is payable to receive or have a prize delivered. Physical prizes will be posted to the winner's Australian address at the Promoter's cost.
7. How winners are chosen
[Use 7A for a draw, or 7B for a skill competition. Delete the other.]
7A. Random draw
7A.1 The draw will take place at UNRESOLVED: DRAW_ADDRESS at UNRESOLVED: DRAW_TIME UNRESOLVED: TIMEZONE on UNRESOLVED: DRAW_DATE (within one month after the Promotion closes, and no later than one year after the Promotion starts if Queensland participates). Set the closing date early enough to meet both limits. See the Queensland regulator's Category 4 guide.
7A.2 The winners will be selected at random from all valid entries using UNRESOLVED: DRAW_METHOD. Every valid entry has an equal chance of being drawn. The major prize will be drawn first, followed by the other prizes in descending order of value. Each entrant can win only one prize.
7A.3 Members of the public may attend the draw where practicable by arrangement with the Promoter (contact UNRESOLVED: SUPPORT_EMAIL at least UNRESOLVED: DRAW_ATTENDANCE_NOTICE_DAYS business days beforehand). Where public attendance is impracticable, an auditable draw record will be retained. Entrants do not need to attend to win.
7A.4 Independent supervision: UNRESOLVED: DRAW_SCRUTINEER. Appoint a qualified scrutineer where the applicable law or permit requires one, including the SA threshold in Part A. Substitution of a winner must follow clause 9; this template does not use reserve entries instead of a required second draw.
7B. Game of skill
7B.1 This Promotion is a game of skill. Chance plays no part in determining the winners.
7B.2 Each valid entry will be judged by UNRESOLVED: JUDGES on UNRESOLVED: JUDGING_DATE at UNRESOLVED: JUDGING_ADDRESS, against these criteria: UNRESOLVED: JUDGING_CRITERIA. Identify qualifications, weights and a skill-based tie-break rule; do not resolve a skill competition by a random tie-break.
7B.3 The entries the judges consider best against the criteria will win. The judges will act honestly and fairly, and their decision about the winners is final, subject to the law.
8. Telling and publishing winners
8.1 Winners will be notified in writing through UNRESOLVED: WINNER_NOTIFICATION_METHOD within 7 days of the draw or judging, and earlier where required by a permit.
8.2 Winner publication: UNRESOLVED: WINNER_PUBLICATION_PLAN. Specify the details, publication dates and media for each participating jurisdiction, including NT newspaper publication and SA minor results. Online results at UNRESOLVED: PROMOTIONS_RESULTS_URL will remain for at least 30 days. Apply any lawful privacy exception after checking other participating jurisdictions' requirements; do not promise anonymity that a permit does not allow.
8.3 The Promoter will provide the results to any entrant who asks.
9. Claiming prizes and unclaimed prizes
9.1 To claim a prize, the winner must respond to the notification and provide reasonably necessary details (including proof of age, identity and an Australian delivery address) by UNRESOLVED: CLAIM_DEADLINE. Set the deadline consistently with every applicable rule and the duty to transfer prizes promptly; it is not permission to delay delivery to a known winner.
9.2 Unclaimed-prize process: UNRESOLVED: UNCLAIMED_PRIZE_PROCESS. State the permitted redraw details (address, date, time and claim deadline), or the required surrender/directions process. In the NT, address the requirement to surrender non-perishable prizes still unclaimed after 3 months unless the applicable lawful approval provides otherwise. Obtain required approvals before changing a draw. Redraw winners receive the same notice and publication protections as original winners.
9.3 Prizes will be transferred within 28 days of the draw or redraw, subject to the lawful unclaimed-prize process. Contact winners promptly to arrange this; an administrative delay does not automatically extend the legal deadline.
10. Prize conditions
10.1 UNRESOLVED: PRIZE_CONDITIONS. Identify physical cards by printing, condition and grading status; state packaging and any lawful delivery conditions.
10.2 Your rights under the Australian Consumer Law apply to prizes, including any rights in relation to faulty or misdescribed goods.
11. Permits
11.1 UNRESOLVED: PERMIT_NUMBERS. List every applicable authority/licence/permit and any relied-on recognition. State that no individual permit is required only after checking the actual mechanics and jurisdictions. Record WA lodgement and NSW notification separately where applicable.
12. Social media platform
12.1 This Promotion is in no way sponsored, endorsed, administered by or associated with UNRESOLVED: PLATFORM. Any platform release is limited to what lawfully can be released and does not remove non-excludable rights. Questions about the Promotion should be directed to the Promoter.
12.2 Entrants must comply with the terms of use of UNRESOLVED: PLATFORM.
13. Privacy
13.1 The Promoter collects entrants' personal information (such as name, social media handle, email address and, for winners, age, identity and delivery details) to run the Promotion, verify eligibility, contact and publish winners as described in clause 8, deliver prizes and keep required records. Any additional purpose must be specified here: UNRESOLVED: ANY_OTHER_PURPOSE (state "none" if none). Marketing requires separate consent.
13.2 The Promoter may disclose this information to its service providers (such as its delivery carrier and technology providers, some of which may be located overseas, including in UNRESOLVED: COUNTRIES), to any relevant regulator as required, and as otherwise required or permitted by law.
13.3 Entering does not sign you up for marketing. The Promoter will only send you marketing if you separately agree to receive it, and you can unsubscribe at any time.
13.4 If you do not provide the information requested, you cannot enter or claim a prize. The Promoter's Privacy Policy explains how you can access or correct your personal information, how to complain about a breach of privacy, and how complaints are handled.
14. Changes and cancellation
14.1 If circumstances beyond the Promoter's reasonable control prevent the Promotion running as planned, changes or cancellation require any applicable regulator approval, including prior written approval in WA after commencement. The Promoter will act reasonably, preserve entrants' rights and announce authorised changes through the original advertising channels. This is not an unrestricted right to withdraw prizes.
15. Liability
15.1 Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, under the Australian Consumer Law or any other law that cannot be excluded.
15.2 Subject to clause 15.1, the Promoter is not responsible for entries that are lost, delayed or not received because of a technical problem outside its reasonable control.
16. Records
16.1 The Promoter will retain the entries, draw or judging record, winner details and proof of delivery for UNRESOLVED: PROMOTION_RECORD_RETENTION_PERIOD, as required by the applicable laws and permits. Afterwards it will destroy or de-identify personal information no longer required, subject to a lawful hold and the Privacy Policy.
17. General
17.1 The Promoter's decisions about the Promotion will be made reasonably and in accordance with these terms and the law.
17.2 These terms are governed by the laws of UNRESOLVED: GOVERNING_STATE, Australia, without limiting any consumer protection law that applies to you.
Template version promotions-1.1.0-2026-10-01. Each published promotion must have its own version, publication date and applicable permit details. Account signup records receipt of this template; it does not enter the account holder into any promotion.