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Top 5 Tips to make sure your Trade Promotion is Legal

Trade promotions are a powerful and effective marketing tool, and done correctly, can have a positive impact on a business or brand.

But getting them right requires careful consideration of the key elements, and compliance with gaming, consumer and privacy laws. Here are our top tips for ensuring your promotion is legal.

1. Who can enter?

Is the promotion Australia-wide, or just in one state or territory? How old must entrants be?

Each state and territory has its own laws governing promotions. Do your T&Cs comply, and do you need permits?

2. How do they enter?

Your entry mechanic must be clear. Don’t jumble words together in running sentences that are difficult to decipher and make it hard for people to work out what to do. Get it?

Step out your mechanic in a logical sequence, using dot points if there are several steps.

If using social media to run or support your promotion, remember each platform has its own rules with which you must comply – or risk the promotion being taken down.

3. Prizes!

Describe your prizes clearly. Poorly described prizes can lead to misunderstandings and grumpy winners, which means bad PR. And you may have to fork out more than you’d planned.

4. And then there’s privacy

Don’t overreach when collecting personal information from entrants, collect only what you reasonably need.

Make sure you have both an information collection statement and a privacy policy.

5. Don’t get your wires crossed!

Marketing collateral must be a fair and accurate reflection of the T&Cs, and MUST NOT contradict them.

Be positive and enthusiastic, but make sure you inform your audience about important restrictions. You don’t want confusion.

And you definitely don’t want a ‘please explain’ from gaming authorities or the ACCC!

ABOUT THE AUTHOR
David Kelly is the founder of KHQ Approved, which offers fixed fee solutions across a range of areas (including marketing law and contract review).  Peace of mind from an experienced team for a reasonable price.

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