Bingo

A members’ draw is considered a trade promotion lottery, and is usually conducted by clubs. It involves the drawing of a member’s number from a pool of numbers. Terms and conditions should be available at the place of entry and to all members. The conditions of entry only require the member to be present at the draw if the entry and draw are to occur on the same day. If a member enters the draw through buying goods or services throughout the week, then the member does not need to be present at the time of the members’ draw

An entry fee cannot be charged for a trade promotion lottery. This does not prevent a person from being required to purchase a genuine product or service to be eligible to enter.

In addition, any ancillary costs (for example, telephone call, SMS or postage) must not exceed $1. This restriction must be considered for any trade promotion lottery that might require a participant to call more than once.

The conditions of a trade promotion lottery are set out in the Gambling Regulation Act 2003 and Gambling Regulations 2015.

As at 20 June 2015, the conditions for the conduct of trade promotion lotteries are as follows:

• The expense per entry must not exceed the gazetted amount (currently $1)
• It must not be a precondition for entry that an entrant has played a gaming machine, or participated in a loyalty scheme that requires an entrant to play a gaming machine
• Written consent must be obtained from the person whose trade or business is to be promoted by the lottery
• The lottery must be conducted so as to benefit primarily the trade or business being promoted
• Information used to promote the lottery and any scratch and win cards must include

1. 1. the closing date of the lottery
   2. if applicable, where and when the lottery will be drawn
   3. the name and date of the publication in which winners’ names will be published
   4. the entry requirements, if any

• The names of winners of all prizes over $1000 must be published by one of the following methods:

1. 1. in a newspaper circulating generally in Victoria
   2. on the internet, for a minimum period of 28 days
   3. if the lottery was advertised solely through a trade journal, promotional magazine or similar publication, in that publication

• Certain records must be kept for a period of three years after finalisation of the lottery that provide:

1. 1. an accurate financial accounting of the lottery
   2. an accurate accounting for all entries
   3. an accurate report of the distribution of prizes

• The winners of prizes must be advised in writing of the prize
• If the trade promotion lottery is to be drawn, the method of the draw must allow each ticket in the draw a random and equal chance of being drawn
• The winner of a prize must not incur a cost to accept a prize (other than a trivial cost)
• If information about entrants is to be used for a purpose other than the conduct of the lottery, this must be stated in the conditions of entry
• A person who conducts a trade promotion must not use entrants’ information except in accordance with the purposes stated in the condition of entry
• A person who conducts a trade promotion lottery must obtain written agreement from the business, that the business will not use the entrants’ information except in accordance with the purposes stated in the conditions of entry
• An entrant is not required to be present at the drawing of the lottery in order to be eligible to win a prize (unless the entry and draw are to occur on the same day and in the same place)
• The prize must be paid or transferred to the winner within 28 days after the draw
• The winner of a prize may only be substituted via a second draw, and only if the conditions of entry allow it and if reasonable efforts were made to identify the winner that were unsuccessful
• If a trade promotion lottery is conducted with scratch and win cards, the conditions of entry must disclose the maximum number of scratch and win cards to be distributed and the total number and individual value of the prizes. There must also be a condition that printing errors and other quality control matters are not to be used as a reason for refusing payment of prizes
• A trade promotion lottery must be conducted in a manner that is not offensive and that is not contrary to the public interest
• A prize may only be substituted if the substituted prize is of the same or greater value than the original prize and the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of the person conducting the trade promotion lottery and reasonable attempts are made to reach agreement with the winner that are unsuccessful.

A trade promotion lottery is a lottery designed to promote a trade or business. Businesses, charities and community organisations don’t need to apply to the VCGLR for a permit to conduct a trade promotion lottery.

The conditions of a trade promotion lottery are set out in the Gambling Regulation Act 2003 and Gambling Regulations 2015.

As at 20 June 2015, the conditions for the conduct of trade promotion lotteries are as follows:

• The expense per entry must not exceed the gazetted amount (currently $1)
• It must not be a precondition for entry that an entrant has played a gaming machine, or participated in a loyalty scheme that requires an entrant to play a gaming machine
• Written consent must be obtained from the person whose trade or business is to be promoted by the lottery
• The lottery must be conducted so as to benefit primarily the trade or business being promoted

• the closing date of the lottery
• if applicable, where and when the lottery will be drawn
• the name and date of the publication in which winners’ names will be published
• the entry requirements, if any
• The names of winners of all prizes over $1000 must be published by one of the following methods:
  • in a newspaper circulating generally in Victoria
  • on the internet, for a minimum period of 28 days
  • if the lottery was advertised solely through a trade journal, promotional magazine or similar publication, in that publication
• The winners of prizes must be advised in writing of the prize
• Certain records must be kept for a period of three years after finalisation of the lottery
• If the trade promotion lottery is to be drawn, the method of the draw must allow each ticket in the draw a random and equal chance of being drawn
• The winner of a prize must not incur a cost to accept a prize (other than a trivial cost)
• If information about entrants is to be used for a purpose other than the conduct of the lottery, this must be stated in the conditions of entry
• A person who conducts a trade promotion must not use entrants’ information except in accordance with the purposes stated in the condition of entry
• A person who conducts a trade promotion lottery must obtain written agreement from the business, that the business will not use the entrants’ information except in accordance with the purposes stated in the conditions of entry
• An entrant is not required to be present at the drawing of the lottery in order to be eligible to win a prize (unless the entry and draw are to occur on the same day and in the same place)
• The prize must be paid or transferred to the winner within 28 days after the draw
• The winner of a prize may only be substituted via a second draw, and only if the conditions of entry allow it and if reasonable efforts were made to identify the winner that were unsuccessful
• If a trade promotion lottery is conducted with scratch and win cards, the conditions of entry must disclose the maximum number of scratch and win cards to be distributed and the total number and individual value of the prizes. There must also be a condition that printing errors and other quality control matters are not to be used as a reason for refusing payment of prizes
• A trade promotion lottery must be conducted in a manner that is not offensive and that is not contrary to the public interest
• A prize may only be substituted if the substituted prize is of the same or greater value than the original prize and the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of the person conducting the trade promotion lottery and reasonable attempts are made to reach agreement with the winner that are unsuccessful