The terms and conditions are usually the last thing written and the first thing that causes a problem. Creative is signed off, the microsite is built, the media is booked, and then someone realises the T&Cs need to be live before entries open. So they get pulled together in an afternoon, copied from the last campaign, and dropped into a link at the bottom of the entry form. Most of the time that’s fine. When it isn’t, it’s expensive, and the fix always lands after the promotion has started.
Terms and conditions aren’t the glamorous part of a promotion, but they’re the part that decides what happens when something goes wrong: a disputed winner, a prize that can’t be delivered, a regulator asking a question, a customer who read the offer differently to how you meant it. Getting them right isn’t about legal cover for its own sake. It’s about making sure the promotion you designed is the promotion you’re actually allowed to run.
What must promotion terms and conditions include in Australia?
At a minimum, promotion terms and conditions in Australia must identify the promoter, state who is eligible to enter and who is excluded, set the start and end dates and times, explain exactly how to enter, describe the prizes and their total value, and set out how and when winners are drawn, notified, and published. For games of chance above the relevant state thresholds, they must also carry the trade promotion permit numbers. These aren’t optional extras — they’re the clauses a regulator or a disgruntled entrant will look for first.
The detail underneath each of those is where campaigns come unstuck. “Who is eligible” sounds simple until you have to decide whether employees of the client’s distributors count, whether entrants need to be residents or just physically in Australia, and what the minimum age is for a prize that includes alcohol or travel. “How to enter” has to match the mechanic precisely — if the microsite lets someone enter twice but the terms say one entry per person, the terms are wrong, not the site. The receipt validation rules and any purchase requirement need to be spelled out in the same language the entry form uses. Small mismatches between what the terms say and what the platform does are the most common source of avoidable disputes we see.
The permit clauses that trip up national campaigns
Australia doesn’t have one set of promotion rules. It has eight, and a national campaign has to satisfy all of them at once. Most states have moved away from individual permits, but the ones that still require them are the ones that catch people out.
In New South Wales, an authority to conduct a trade promotion lottery is required once the total prize value exceeds $10,000, and that authority is granted for a period of one, three, or five years rather than per campaign. In the Australian Capital Territory, a permit is needed once the prize pool goes over $3,000. In South Australia, the threshold is $5,000 — and an instant win element requires a permit regardless of prize value. Queensland, Victoria, Western Australia and Tasmania don’t run permit systems for trade promotions.
The practical consequence is that your terms and conditions have to be written for the strictest applicable jurisdiction, not the easiest. If your prize pool clears the ACT and SA thresholds, the permit numbers for those jurisdictions have to appear in the terms, and a copy of the terms usually has to accompany the permit application itself — which means the terms need to be finalised before you apply, not after. This is the sequencing that derails launch dates: brands treat the permit as a formality to sort out later, then discover the regulator wants the finished terms weeks before entries were meant to open. If you’re unsure which thresholds apply, our state-by-state permit guide walks through each one.
Do promotion terms and conditions need to show a permit number?
Yes — where a permit or authority is required, the permit number must be publicly displayed, and the accepted place for it is the terms and conditions and the promotional advertising. If your promotion crosses the NSW, ACT or SA thresholds, leaving the number off the terms isn’t a formatting oversight; it’s running a regulated promotion without meeting the condition of the permit. The terms also generally have to be available at the point of entry, so an entrant can read them before they commit, not buried three clicks away after they’ve handed over their details.
Where terms and conditions actually get tested
Permits get the attention because they’re a hard requirement with a form to fill in. But the clause most likely to cause you grief isn’t a permit — it’s the gap between what the promotion promised and what the entrant thought it promised. That’s Australian Consumer Law territory, and it applies to every promotion in the country regardless of prize value or state.
The test the ACCC applies is the overall impression, not the fine print. If the headline says “win a car” and the terms quietly reveal it’s a two-year lease with conditions, the terms don’t rescue the headline — the misleading impression has already been created. Fine print can clarify an offer, but it can’t contradict it. This is where good terms earn their keep: they’re not there to walk back the promise, they’re there to make the promise precise enough that nobody can reasonably read it two ways. A well-drafted set of terms describes the actual prize, the actual odds context, and the actual conditions in plain language, so the advertised offer and the delivered offer are the same thing.
The other place terms get tested is at the finish line, when a winner can’t be contacted or a prize can’t be delivered as described. Your terms need to say what happens to an unclaimed prize, how long you’ll try to reach a winner, whether there’s a redraw, and what happens if a prize becomes unavailable and has to be substituted. These clauses feel remote when you’re writing them and very immediate when a major prize is sitting unclaimed. Deciding the rule in advance — in writing — is a great deal easier than improvising it under pressure with a regulator’s thresholds in mind.
What happens if promotion terms and conditions are misleading?
If terms and conditions are misleading or contradict the advertised offer, the promotion can breach the Australian Consumer Law, and the ACCC can pursue penalties for conduct that is misleading, deceptive or unconscionable. Beyond the legal exposure, a promotion that has to be corrected or pulled mid-flight does real damage to the brand running it — the fix is always public, and it always lands after entrants have already formed an impression. The cost of getting the terms right is a few hours of care up front; the cost of getting them wrong is paid in front of an audience.
Getting the terms to match the promotion
The through-line in all of this is that terms and conditions are a description of the campaign you actually built, checked against the rules that actually apply. They’re not boilerplate, and last year’s terms with the dates changed will quietly carry last year’s mistakes into this year’s campaign. The most reliable way to keep them honest is to write them alongside the mechanic rather than after it — so the entry rules, the permit thresholds, the prize description, and the winner process all agree with each other before anything goes live.
At Trevor Services this is part of how we set a campaign up rather than a step at the end: because the promotion runs on our platform, the terms can be checked against what the entry form and fulfilment process actually do, not what everyone assumes they do. It’s the least visible part of a promotion and one of the few parts that can stop the whole thing. If you’re pulling a campaign together and want the terms pressure-tested before they go live, we’re happy to talk it through.
