What is a competition? - Curtin University



0-2857500390307918075400-9144004547265COMPETITIONS TOOLKITWhat you need to know to run a competitionVersion 5.400COMPETITIONS TOOLKITWhat you need to know to run a competitionVersion 5.4 TOC \o "1-1" \h \z \u 1.What is a competition? PAGEREF _Toc20925299 \h 32.What information do I need to know before running a competition? PAGEREF _Toc20925300 \h 53.How do I organise a competition? PAGEREF _Toc20925301 \h 94.Questions? PAGEREF _Toc20925302 \h 11Appendix 1: Proposal to run a competition PAGEREF _Toc20925303 \h 12Appendix 2: Draft template for competition Terms and Conditions PAGEREF _Toc20925304 \h 13Appendix 3: Template email for Racing, Gaming and Liquor and Gaming and Wagering Commission PAGEREF _Toc20925305 \h 15Appendix 4: Template forms for the receipt of prizes PAGEREF _Toc20925306 \h 16Appendix 5: Using to draw prize winners PAGEREF _Toc20925307 \h 18Appendix 6: Changelog/versions of Toolkit PAGEREF _Toc20925308 \h 204512310549275Are you charging a fee for entry?If you are charging a fee for entering the lottery then this is not a trade promotion lottery and is instead deemed by the Act as a lottery. If you are:raising money for the benefit of the community, cultural, ethnic or charitable purposes and not for the purpose of private gain or commercial undertaking; andthe total values of prizes offer is not greater than $200,then this is considered ‘Minor Fundraising Activities’ and you do not require a permit. In any other circumstance where you are charging a fee for entry, you should contact the Compliance Officer for further information (see Section 4).00Are you charging a fee for entry?If you are charging a fee for entering the lottery then this is not a trade promotion lottery and is instead deemed by the Act as a lottery. If you are:raising money for the benefit of the community, cultural, ethnic or charitable purposes and not for the purpose of private gain or commercial undertaking; andthe total values of prizes offer is not greater than $200,then this is considered ‘Minor Fundraising Activities’ and you do not require a permit. In any other circumstance where you are charging a fee for entry, you should contact the Compliance Officer for further information (see Section 4).Note: by following this Toolkit you will be acting in accordance with our privacy obligations and will not require a privacy collection statement or similar.What is a competition?There are two types of common competitions: games of chance and games of skill.1.1Games of chanceThese are competitions where there is a random selection of entrants at some point. If this is “conducted to promote the sale of goods or the use of services” and is “without cost to [the entrant],” it is considered a trade promotion lottery (as defined by the Gaming and Wagering Commission Act 1987 (WA)) and you must follow the process detailed in this Toolkit. Each competition must be considered on its own characteristics, but competitions targeted at students or promoting the University are likely to be trade promotion petitions that do not meet the definition of a trade promotion lottery do not need to follow all the steps detailed in this Toolkit; however, many of the tools and processes in this Toolkit will help you run an effective and transparent competition that can be considered ‘best practice’ and help to mitigate risk. For example, while terms and conditions are mandatory only for trade promotion lotteries, they are of great value when resolving disputes or complaints from participants in all types of competitions. Please note that only competitions that are trade promotion lotteries require submission of the terms and conditions with Racing, Gaming and Liquor (RGL) (within the Department of Local Government, Sport and Cultural Industries (DLGSC)); non-trade promotion lotteries do not require anything to be sent.Research surveys and incentivesLotteries designed to encourage participation in research surveys and conducted in Western Australia are not considered trade promotion lotteries; however, researchers should consider the National Statement on Ethical Conduct in Human Research, which states (2007, updated March 2014):3.3.18 An HREC [Human Research Ethics Committee] should be satisfied that: (a) payment in money or incentives of any kind, whether to researchers or participants, does not result in pressure on individuals to consent to participate (see paragraphs 2.2.10, and 2.2.11). […]2.2.10 It is generally appropriate to reimburse the costs to participants of taking part in research, including costs such as travel, accommodation and parking. Sometimes participants may also be paid for time involved. However, payment that is disproportionate to the time involved, or any other inducement that is likely to encourage participants to take risks, is ethically unacceptable. 2.2.11 Decisions about payment or reimbursement in kind, whether to participants or their community, should take into account the customs and practices of the community in which the research is to be conducted.While lotteries designed to encourage participation in research surveys are not considered trade promotion lotteries, we recommend that you follow the procedures in this toolkit and submit the terms and conditions to RGL as a matter of best practice.If you are unsure whether your competition constitutes a trade promotion lottery, or if you have any questions, please contact the Compliance Officer for further information (see Section 4). 1.2Games of skillThese are competitions where there is no element of chance at any point in the competition. Games of skill typically ask participants to submit something for judgement (an essay, art, construction etc.) or participate in an immediate test of skill (build a bridge out of ice-cream sticks, throw a ball to knock over cans etc.) and prizes are awarded to those considered the ‘best’ or to all who meet a certain threshold. Competitions where those who answer questions correctly or meet some threshold then go into a pool of potential prize-winners drawn randomly are considered games of petitions that are games of skill are not trade promotion lotteries and do not need to follow all the processes detailed in this Toolkit, but as with games of chance that are not for trade promotion, many of the tools and processes in this Toolkit will help you run an effective and transparent competition that can be considered ‘best practice’ and help to mitigate risk.Note: If you are charging entrants to enter the competition, please contact the Compliance Officer for further information (see Section 4).What information do I need to know before running a competition?Q1.Who can run a competition at the University?A. A competition may be run by any faculty or division of the university, however one staff member must be appointed as the “competition organiser” and ensure that the competition complies with the processes outlined in this document. Any expenditure associated with the competition must – like any expenditure – be approved by a person with the delegated authority to expend such funds.Q2.Is there any legislation covering competitions with which the University must comply?A.Yes, the Gaming and Wagering Commission Act 1987 (WA) and the Gaming and Wagering Commission Regulations 1988 (WA) regulate the operation of competitions within Western Australia. This Act is administered by Racing, Gaming and Liquor (RGL) within the Department of Local Government, Sport and Cultural Industries (DLGSC). RGL does not require that competition organisers request a permit for the competition to be run provided their general conditions are complied with.Q3.What if my competition is targeted to people outside of WA?A.This Toolkit provides guidance on running competitions operated within WA and targeted toward entrants from WA. Competitions run outside of WA or targeted to entrants outside of WA will be covered by the legislation of the state, territory or country. Information on competitions and trade promotion lotteries may be found in the below list:JurisdictionRegulatory authorityVictoriaVictorian Commission for Gambling and Liquor RegulationNew South WalesOffice of Liquor, Gaming & RacingSouth AustraliaConsumer and Business ServicesAustralian Capital TerritoryACT Gambling and Racing CommissionNorthern TerritoryDepartment of BusinessQueenslandOffice of Liquor and Gaming RegulationTasmaniaDepartment of Treasure and FinanceThe requirements for the different States and Territories are summarised in the table below (information correct as of 29 May 2017)State or TerritoryInformationACTNo Permit Required unless the total prize pool value is over AUD3000 for a Trade Promotion Lottery. If the prize pool value is over AUD3000, please contact the General Counsels in Legal Services.NSWNo Permit Required unless the competition is for the purposes of promoting a trade or business.NTNo Permit Required unless the total prize pool value is over AUD5000. Requires separate permit even if another permit was obtained in a different State or Territory.SANo Permit Required unless the total prize pool value is over AUD5000. If the prize pool value is over AUD5000, please contact the General Counsels in Legal Services.If the competition is a research survey (see section 1.1), the requirements are per section 8 of the Lottery and Gaming Regulations 2008 (SA). If the competition is not a research survey it is likely to be considered a minor trade promotion lottery and the requirements in sections 9 and 30 should be read, understood and complied with. VICNo Permit Required unless the total prize pool value is over AUD5000. Requires separate permit even if another permit was obtained in a different State or Territory. If the prize pool value is over AUD5000, please contact the General Counsels in Legal Services.QLDNo Permit RequiredTASNo Permit RequiredFor further advice on competitions outside of WA, please contact the General Counsels in Legal Services.Q4. What does the competition organiser do?A.(Note: Section 3 of this document provides a guide to much of the below). The competition organiser is responsible for all arrangements for the competition, including:organising for the competition proposal form to be completed and signed off by the appropriate Curtin staff members (e.g your line manager);reading and amending the university’s draft competition terms and conditions to suit the proposed competition and ensuring they are appropriately authorised by the area running the competition;where the prize pool exceeds $5000, seeking review of the draft competition terms and conditions by the Compliance Officer;preparing entry forms, or web page details;arranging for the promotion and publicity;advising affected University staff (including line management, where appropriate) of the running of the competition;making certain all the terms and conditions and the general conditions are complied with;communicating with any prize-winner about their prize-winning, including the collection of the prize and acknowledgement of the terms and conditions and acceptance of prize;ensuring that competition records are kept and filed according to RGL and University requirements;informing RGL of the competition where required; andarranging any reporting or follow-up at the conclusion of the competition.Q5.Which area bears the costs of a competition?A.Normally the area running the competition bears all the costs of the competition including the costs of providing prizes. If the costs are to be shared amongst faculties or divisions of the university, the competition organiser must finalise the costs before the competition commences.Q6.Who can approve the budget and expenditure for running a competition?A.A staff member with the appropriate delegation or authorisation for expenditure. This may be the competition organiser, but if it is not, the competition organiser is to ensure that the competition proposal form has been submitted to and approved by a line manager with the delegation or authority for this expenditure prior to the commencement of the proposed competition.Q7.What additional requirements should the competition organiser be aware of?petition organisers must ensure that all competition prizes have been obtained and are available to be distributed before the competition commences to ensure compliance with the Competition and Consumer Act 2010.In addition, if the proposed competition utilises Facebook in any manner, the competition organiser will need to ensure that the competition complies with Facebook’s promotion guidelines (found here, and a useful guide to them here).If using any other internet website as part of the competition, check to see if the website has specific provisions for competition and promotions.Q8.How can prizes be provided to competition winners, and what receipts are required?A.Prizes may be collected, mailed/couriered or emailed (if the prize is digital). If the prize is collected, the template forms in Appendix 4 should be used to ensure that Curtin retains a record of the prize being provided to the correct winner.If the prize is mailed/couriered, the competition organiser should satisfy themselves that they have accurate name and address information for the winner. Possible options include The competition organiser should risk-manage the sending of prizes depending on the value of the prize. Possible delivery methods include registered post for items less than 500g in weight and courier or parcel post for larger items. Depending on the value of the prize, Person-to-person delivery should be required to ensure the prize is delivered to the winner only. Alternatively, if the prize is of high value, the competition organiser may wish to consider specifying in the terms and conditions that the prize may only be collected in person. Prizes should not be sent by standard mail for any reason.If a prize is digital (such as a digital gift voucher), the competition organiser should ensure they are satisfied that they have the winner’s correct email address. They should also seek confirmation that the prize was received from the prize winner or the service (such as Amazon) if appropriate, or both.Note: Sending prizes by email or less secure forms of mail entail a risk that:A prize winner may complain to Curtin that they did not receive a prize; orA prize winner may complain to RGL that they did not receive a prize.Q9.What if the prize is just a free coffee to the winner?A.RGL has indicated that there is no lower threshold for prize values. That is, regardless of the value of the prize, the process set out in this Toolkit must be followed.Q10.Can I cancel the competition or change its terms and conditions after the competition has opened?A.Only with the written approval of RGL.How do I organise a competition?STEP 1If there is any expenditure for the competition and you do not have the delegation or authorisation for this expenditure, approval must be sought from a line manager with the delegation or authorisation using the competition proposal form (see Appendix 1).STEP 2Read through RGL’s general conditions for organising a trade promotion lottery (here). The competition organiser is responsible for ensuring that the proposed competition complies with the Department’s trade promotion lottery conditions.STEP 3Read through the university’s draft competition Terms and Conditions (see Appendix 2) and insert and amend all of the relevant competition details (how the competition will operate, how the winners will be decided, what the prizes are etc.). If the prize pool exceeds $5000, email the completed Terms and Conditions to the Compliance Officer for review. If the prize pool is $5000 or less, the area running the competition can approve its own terms and conditions for competitions without review.STEP 4The competition entry form requires a way for an entrant to indicate that they accept the competition Terms and Conditions. This may be done through an ‘I accept these terms and conditions’ button or link on a webpage or a tick-box next to the text on a paper form. The below statements should be clearly visible to any potential entrants indicating their acceptance of the Terms and Conditions.For entrants who are 18 years of age or older:I have read the <competition’s name> competition Terms and Conditions and provide my consent to be bound by them.For entrants under the age of 18 years of age:I have read the <competition’s name> competition Terms and Conditions and have obtained my parent’s or legal guardian’s consent before entering this competition.In addition, any materials promoting the competition (e.g., flyers, advertising, website blurb, posters) need to clearly indicate that that competition Terms and Conditions apply, where the competition Terms and Conditions may be found, and what prizes are available.Exceptions to this are where it is entirely impractical to have such an agreement made, such as competitions using Twitter/Instagram etc. where the act of using a hashtag enters someone into a competition. In these circumstances, all material promoting the competition need to make it clear that by undertaking the actions that enter a person into the competition, that person will have accepted the Terms and Conditions.STEP 5 (if applicable)If the competition is to be conducted by audio, visual or electronic media, you need to register your competition Terms and Conditions with the Wagering and Gaming Commission via RGL. You do this by emailing RGL (see Appendix 3) and attaching the competition Terms and Conditions.Ensure the email address is typed correctly as the Commission/RGL does not typically respond with any acknowledgment or response. By emailing the competition Terms and Conditions document to them, you automatically are deemed to have registered the competition with the Department.STEP 6Please ensure that the competition Terms and Conditions are clearly accessible to all entrants. For hardcopy entry forms, a description of the competition prizes and competition Terms and Conditions need to be printed on the entry form or published in The West Australian. For electronic entry forms, a description of the competition prizes and competition Terms and Conditions must be clearly identified on the entry form or hyperlink provided on the entry form to these.STEP 7Conduct the competition and the prize draw in accordance with the competition Terms and Conditions and RGL’s general conditions for organising a trade promotion lottery. STEP 8Contact the prize winner or winners and arrange for prizes to be collected or delivered, as per the requirements of the Terms and Conditions.STEP 8 (if applicable)Redraw any prizes not collected or for which the prize winner could not be successfully contacted.STEP 9Keep and manage all relevant documentation pertaining to the conduct of the competition for the competition as RGL may conduct an audit on any of the competitions carried out by the University. The proposal to run the competition, competition entries, evidence of the prize draw and its result, and the receipts of prizes should be kept for two years.Questions?Any questions about the information contained in this document should be forwarded to the Compliance Officer for the Gaming and Wagering Commission Act 1987 (WA). Updated details are available on the Key External Legislation page of the Compliance, Legislation and Policy website.5124169118935500Appendix 1: Proposal to run a competitionProposal to run a competitionCOMPETITION PROPOSALName of competition:Faculty/Division/Portfolio organising the competition:Competition organiser, position title and organisational area:Competition organiser contact details:Purpose of the competition:Competition total budget:Benefits of the competition:Competition opening time and date:Competition closing time and date:Prize(s) to be offered (first, second, third etc.):Prize draw method (in summary):Where will prize be drawn:Prize drawer:I certify that the terms and conditions of the competition and the manner in which it is run will comply with Racing, Gaming and Liquor’s general conditions for organising a trade promotion lottery, and the University’s policies, procedures and Code of Conduct.Signature of competition organiser: Date:APPROVALCompetition approver and position title:I approve this competition, the expenditure for which is within my delegation or authorisation.Signature of approver:Date: Appendix 2: Draft template for competition Terms and Conditions<Name of Competition> – Terms and Conditions Instructions on how to enter and other details contained within promotional advertisements for this competition form part of the conditions of entry. By entering the competition, entrants agree to abide by these Terms and Conditions. The Terms and Conditions of this competition are governed by the laws of the State of Western Australia. The competition is being run by Curtin University, GPO Box U1987, Perth, Western Australia, 6845 (“Curtin University”). The <Name of Competition> (“the competition”) commences at <x am/pm> Australian Western Standard Time (AWST) on <dddd d MMMM yyyy>.The closing time for entering the competition is <x am/pm> AWST on <dddd, d MMMM yyyy>.Entry to the competition is limited to <people/group/organisation>.To enter the competition, the entrant must:register online (curtin.edu.au/postgrad) to attend the 2010 Postgraduate Information Evening and must not be a Curtin University staff member or a family member of a Curtin University staff member; andfill in the feedback survey sent to attendees registered email address and submit the survey before the closing time.Entry to the competition is free. Entrants will be responsible for all costs associated with entering the competition, which may include costs associated with accessing the internet.Entrants may only enter the competition once.Staff employed by Curtin University and their immediate family members are not eligible to enter the competition. There will be one (1) prize. This prize will be a <prize>.There will be one (1) draw at <x am/pm> Australian Western Standard Time on <dddd d MMMM yyyy> at <place of draw>. The draw will be by <random barrel draw from all eligible entries received with the first entry drawn being the prize winner>. The prize winner will be contacted within seven (7) days of the draw <by the email address supplied by the entrant on the event registration form>. If the prize winner does not respond to claim the prize within <twenty-one (21) days> of the draw, a re-draw will be conducted within <thirty (30) days> of the original draw date, in the same location, and with the same method. Redraws will continue in the same manner until all prizes have been claimed by prize winners.If the prize winner is under the age of 18 years, the prize will be awarded to the winner’s parent or legal guardian. The prize may be collected in person by the prize winner or parent/legal guardian or may be mailed/couriered.If a prize winner who has been contacted and been made aware of their prize winning, and has agreed to collect the prize or for which collection is the only method for receiving the prize, does not collect the prize within <twenty-one (21) days> of this contact, a re-draw will be conducted within <thirty (30) days> of the original draw date, in the same location, and with the same method.The prize winner, or if under the age of 18 years their parent or legal guardian, may be required to provide evidence of their identity (such as photographic ID, birth certificate or current passport) when receiving the prize.The prize winner will be responsible for all costs associated with collecting and using the prize.By entering the competition the entrant agrees that they are over the age of 18 years, of if under the age of 18 years, have their parent’s or legal guardian’s consent to enter the competition.The prize is not redeemable for cash or an alternative prize.The prize is not transferrable. The prize winner’s name will be published on the Curtin University website. By entering the competition, entrants grant Curtin University permission to use their full name and suburb on its website for up to six months from the date of the draw.Curtin University is not responsible in any manner whatsoever for any problems or any financial costs incurred, or any combination thereof, including any injury or damage to participants or any other persons related to or resulting from participation in this competition. Curtin University accepts no responsibility and shall not be held legally liable or responsible for any accident, loss, injury or damage to any individual or property whether direct or indirect, whether in contract, tort, negligence or otherwise arising out of or in connection with the competition or the prize, either during or after the competition. Entry into the competition signifies acceptance of all conditions. Entrants are required to abide by the Terms and Conditions as presented. Curtin University's decision will be final and no correspondence will be entered into. Personal information provided by an entrant to Curtin University for the purpose of entering the Competition will be collected, used and disclosed in accordance with Curtin University’s Privacy Statement. A copy of the privacy statement is available at . Personal information collected will be kept strictly confidential and will not be sold, reused, rented, loaned or otherwise disclosed to any third party otherwise than in accordance with the privacy statement and these Terms and Conditions. Appendix 3: Template email for Racing, Gaming and Liquor and Gaming and Wagering CommissionThis is an example of email to be sent along with your competition Terms and Conditions to Racing, Gaming and Liquor and Gaming and Wagering Commission:Email address: rgl@dlgsc..auSubject: Trade Promotion Lottery - Curtin University - <competition’s name>CC: <Compliance Officer (see Section 4)>Attachment:<Competition Terms and Conditions>To whom this may concernPer section 36A (Prescribed conditions for trade promotion lottery (Act s. 102)) of the Gaming and Wagering Commission Regulations 1988, Curtin University would like to inform the Gaming and Wagering Commission, that the University will conduct <competition’s name>. Please find attached the <competition’s name> competition Terms and Conditions which comply with the prescribed conditions in Schedule 5 (Conditions for trade promotion lottery) of the Regulations. Should you wish to discuss any aspect of this competition, please feel free to contact <competition’s organiser name, title and area> on <telephone number> or email <email>. Regards<your email signature>Appendix 4: Template forms for the receipt of prizesItems in yellow highlights below should be amended prior to printing these forms. Items with underlined spaces in the top, white box are for the prize winner or their parent/legal guardian to complete. Items with underlined spaces in the bottom, grey box are for the competition organiser to complete on sighting the evidence of identification specified in draft term/condition #19 (see Appendix 2).ACKNOWLEDGEMENT OF ACCEPTANCE AND RECEIPT OF PRIZEif the Winner is over the age of 18 years oldI _______________________________________________________________________ (name of the Winner)of ______________________________________________________________________ (residential address) acknowledge that I accept the <name of competition> Terms and Conditions and have received the prize of <prize> on ___________________ (date). Signature of Winner:OFFICE USE ONLYID type: ___________________________________________ ID number: ________________________ACKNOWLEDGEMENT OF ACCEPTANCE AND RECEIPT OF PRIZEif the Winner is under the age of 18 years oldOn behalf of my child/ward _________________________________________________ (name of the Winner),I ____________________________________________________ (name of the Winner’s parent/legal guardian)of ______________________________________________________________________ (residential address) acknowledge that I accept the <name of competition> Terms and Conditions and have received the prize of <prize> on ___________________ (date).Signature of Winner’s parent/legal guardian:OFFICE USE ONLYID type: ___________________________________________ ID number: ________________________Appendix 5: Using to draw prize winnersBackgroundMany random number generators, including Microsoft Excel’s RAND function, are only pseudo-random number generators (PRNGs). This means that the numbers are generated in a predictable fashion and are not truly random. You cannot use pseudo-random generated numbers when running a competition. Examples of PRNGs inappropriately used include:Michael Larson’s “gaming” of the TV show Press Your LuckRonald Dale Harris (a computer programmer for the Nevada Gaming Control Board), who when looking at the source code for the casino game Keno, discovered the predictability of the PRNGMohan Srivastava’s discovery of overtly predictable patterns in Ontario Lottery’s scratch is a true random number generation service run by the School of Computer Science and Statistics at Trinity College, Ireland, and uses variations in the amplitude of atmospheric noise for the basis of its randomness. It has been assessed as being sufficiently random in two detailed studies and has been accredited for use in lottery games by several government authorities, including the Office of the Liquor and Gambling Commissioner of South Australia. But best of all: it’s free.Assigning numbersYou need to assign each entry or entrant (depending on whether you are allowing multiple entries or only a single entry per person) a unique number with an n+1 sequence (i.e., 1, 2, 3, 4, 5 …). Whether you write the number on each entry form, or enter the names into an Excel spreadsheet and fill down the numbers, it doesn’t matter as long as the numbers start with 1 and there are no gaps (i.e., do not go 1, 2, 3, 5, 6…).Using for a single prize winnerUse ’s Random Integer Generator, and specify that you want it to generate 1 random integer, with values between 1 and n, where n is the last number in your list of names and numbers. Press ‘Get Numbers’ and the number it returns is the number of the prize winner.For example, in the below, there are 1000 entries, each with a unique number between 1 and 1000.Using for multiple prize winnersUse ’s Random Sequence Generator, and specify that you want the smallest value to be 1 and the largest value to be n, where n is the last number in your list of names and numbers. Press ‘Get Sequence’ and the numbers it returns are the prize winners from first to last. If you have set your competition Terms and Conditions up well, it will state that the various types of prize winners are those drawn in sequence (i.e., the major prize winner is the first drawn, and the four minor prize winners are those next four numbers drawn).Appendix 6: Changelog/versions of ToolkitVersionDateChange summary5.42019-10-02Updated references to RGL in DLGSC (reflecting merger of Dept. of RGL)Updated email address to RGL in email at Appendix 3Changed references to Compliance Consultant to Compliance Officer and updated contact detailsAdded reference to Gaming and Wagering Commission Regulations 1988 (WA)Updated links, particularly to the new location for the general conditions for trade promotion lotteries.Added this changelog ................
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