Reading time: 3 minutes

Are you running a trade promotion in Western Australia? If so, you will need first to consider whether your competition falls under the definition of a trade promotion lottery under the Gaming and Wagering Commission Act 1987 (WA). Provided your business satisfies certain criteria, the Gaming and Wagering Commission will give a permit to run a trade promotion lottery. To protect your business, it is also prudent to comprehensively draft terms and conditions.

Running the Competition: Costs

The competition must be free to enter. If the cost is a phone call, then it cannot cost more than 55 cents. If the entrant enters the competition online, you cannot require him or her to pay an additional cost. You should also consider the competition’s purpose. For example, is it to promote your business’ goods and services?

Running the Competition: Paperwork

If entrants enter your competition via a form, then it must include the following:

  • A description of the prize, and
  • Competition terms and conditions (on a website or in a national newspaper).

Running the Competition: Promoting your Promotion

If you are promoting your competition via a television advertisement or video, you must describe the prize including the terms and conditions, or provide a link as to where viewers can find them. You should also set out the method of drawing the prize winner. In certain circumstances, you may be required to supply the competition’s conditions to the Gaming and Wagering Commission Act 1987 (WA).

Terms and Conditions: How Will You Run the Lottery?

Is your business running trade promotions in other states? If it is, you should ensure that you comply with the other states’ regulations and permit requirements.

The competition can require the entrant to purchase goods as a manner of entry, as long as it is not more than the usual price. For example, if the competition requires the entrant to buy a book to enter the prize, then the entry is the cost of the book. You cannot require the entrant to pay any additional charges.

Further, you cannot offer medical or cosmetic surgery as a prize under the Gaming and Wagering Commission Act 1987 (WA).

After the Competition Ends

The competition cannot run longer than for 12 months. After the competition’s closing date, you cannot wait longer than one month to draw the prize. You must also keep records relating to the prize for at least one year. The reason being is that under the Act, the Gaming and Wagering Commission has a number of requirements and powers to request documents, records and audit your competition.


Although you are not required to apply for a permit for a trade promotion lottery in Western Australia, you still need to comply with the regulations.

If you have concerns about trade promotion lotteries, speak to one of our competitions lawyers. We can also assist you with other legal needs you might have including drafting your competition terms and conditions.

Speak with one of LegalVision’s lawyers about trade promotion lotteries today by getting in touch on 1300 544 755.


Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards