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QLD Would I Need a Permit under Commercial Law?

Discussion in 'Commercial Law Forum' started by Limberfish123, 12 October 2015.

  1. Limberfish123

    Limberfish123 Member

    12 October 2015
    Likes Received:
    Hi! I make candles and sell them online. I would like to follow other companies who sell candles which have a random prize in the bottom of the candle worth different money amounts. If I offered prizes or money in the bottom of candles, would I need a permit under Commercial Law as this is a business not a charity, I'm in qld, thanks!!
  2. AnnaLJ

    AnnaLJ Well-Known Member

    16 July 2014
    Likes Received:
    Hi Limberfish

    If there is a game of chance involved in winning a prize (ie as opposed to it being a game of skill), then you should check the QLD Government website to confirm if a licence will be required. (Competitions, raffles, bingo and other charitable games | Queensland Government

    I'm not sure of the specifics of how your competition would work, but you may want to consider if it would be classified as a 'Lucky Envelope' competition (more info on this is provided in the link pasted above):

    Lucky envelopes
    • Lucky envelopes are a type of pre-determined lottery. They are sold as 'break-open' type tickets where the correct combination of numbers/letters/pictures on the tickets produces a winner
    • Lucky envelopes can be conducted by an eligible association
    • An eligible association must not sell lucky envelopes unless the envelopes have been printed under a licence
    • Requires a lucky envelopes printer's licence

    Either way, it will be very important for you to have a clear set of Terms & Conditions for the competition displayed on your website or otherwise communicated to your customer so that there isn't a risk of you being misleading and deceptive under the Australian Consumer Law or otherwise giving rise to a claim from a customer.

    You should consider getting legal advice to help with drafting these terms and conditions or, at the very least, study the T&Cs of other similar competitions to make sure yours comply.

    Best of luck.

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