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!!
QLD Would I Need a Permit under Commercial Law?
- Thread starter Limberfish123
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- commercial law
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):
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.
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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