Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998

i Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 S.R. No. 30/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Permit conditions 2 6. Records 5 7. Trade promotion lottery with prize value of $5000 or less 5 ═══════════════ -- 1 of 8 -- 1 STATUTORY RULES 1998 S.R. No. 30/1998 Gaming No. 2 Act 1997 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 March 1998 Responsible Minister: ROGER M. HALLAM Minister for Gaming CON CHARA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to provide for the conduct of trade promotion lotteries. 2. Authorising provisions These Regulations are made under sections 27(b), 29(3), 88 and 105 of the Gaming No. 2 Act 1997. 3. Commencement These Regulations come into operation on 31 March 1998. 4. Definitions (1) In these Regulations— "Act" means Gaming No. 2 Act 1997; "scratch and win card" means a ticket in a trade promotion lottery in which the tickets which entitle the holders to claim a prize have been -- 2 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 2 determined and announced before the commencement of the trade promotion lottery; "trade promotion lottery" means a lottery for the promotion of a trade or business. (2) A reference in these Regulations to a permit is a reference to the permit which authorises a trade promotion lottery. (3) In these Regulations, a reference to the value of a prize (other than a monetary component of a prize) is a reference to the price at which a person might reasonably expect to purchase that prize in the absence of a discount or special incentive. 5. Permit conditions (1) This regulation sets out the prescribed conditions for a permit under section 29(3) of the Act. (2) A permit holder must conduct a trade promotion lottery so as to benefit primarily the trade or business being promoted by the lottery and in accordance with the information provided in, or in support of, the application. (3) A permit holder must ensure that— (a) all information designed to or likely to induce a person to enter a trade promotion lottery; and (b) any scratch and win card— includes— (c) the permit number; and (d) the closing date of the trade promotion lottery; and (e) if applicable, where and when the lottery will be drawn; and r. 5 -- 3 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 3 (f) the name and date of the publication in which the names of winners will be published. (4) The conditions of entry to, or the manner of participation in, the trade promotion lottery must not require the entrant or another person to incur an expense exceeding 50 cents per entry. (5) If the permit holder or the person whose trade or business is to be promoted by a trade promotion lottery intends to use any information relating to an entrant in the trade promotion lottery for a purpose other than the conduct of the lottery— (a) each purpose must be stated in the conditions of entry; and (b) the permit holder and the person whose trade or business is being promoted by the lottery must not use, or permit to be used, the information relating to an entrant in the lottery except in accordance with the purpose stated in the conditions of entry. (6) A permit holder must cause— (a) the names of winners of prizes worth more than $250 in a trade promotion lottery to be published in— (i) a newspaper circulating generally in Victoria; or (ii) if the trade promotion lottery was advertised solely through a trade journal, promotional magazine or a similar publication, that publication; or (iii) if the value of all the prizes in the trade promotion lottery is $5000 or less, a newspaper circulating in the area in which the trade promotion lottery was held; and r. 5 -- 4 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 4 (b) the winners to be advised in writing. (7) An entrant in a trade promotion lottery must not be required to be present at the drawing of the lottery in order to participate unless— (a) entry to the lottery is only available in the premises in which the draw is to take place; and (b) the draw is to take place within 24 hours after the commencement of the lottery. (8) If a winner is present at the draw or is otherwise readily identified, the permit holder must pay or otherwise transfer the prize to the winner within 28 days after the draw. (9) If— (a) a winner of a prize is not readily identified; and (b) reasonable efforts have unsuccessfully been made to identify the winner of the prize; and (c) the conditions of entry provide that the permit holder may draw an additional entrant's name in such a situation; and (d) an additional entrant's name is drawn— the additional entrant's name is substituted for the name of the winner of that prize. (10) The conditions of entry for a trade promotion lottery conducted with scratch and win cards must include— (a) disclosure of— (i) the maximum number of scratch and win cards to be distributed; and (ii) the total number and individual value of the prizes; and r. 5 -- 5 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 5 (b) a condition that printing errors and other quality control matters will not be used as a reason for refusing payment of prizes. 6. Records For the purposes of section 88 of the Act, the prescribed information in relation to the holder of a permit is— (a) the manner in which entries to the trade promotion lottery were solicited; and (b) when and how the trade promotion lottery was drawn; and (c) the names and addresses of the winners of any prize valued at $1000 or more and a description of their respective prizes. 7. Trade promotion lottery with prize value of $5000 or less (1) For the purposes of section 27 of the Act, the conditions set out in this regulation are prescribed. (2) A person who conducts a lottery referred to in section 27 of the Act— (a) must obtain the prior consent in writing of the person whose trade or business is to be promoted by the lottery; and (b) must conduct the lottery so as to benefit primarily the trade or business being promoted by the lottery; and (c) must ensure that all information designed to or likely to induce a person to enter the lottery includes— (i) the closing date of the lottery; and (ii) where and when the lottery will be drawn; and r. 6 -- 6 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 6 (iii) the name and date of the publication in which the names of the winners will be published; and (iv) the conditions of entry, if any; and (d) must cause the names of winners of all prizes worth more than $250 to be published in— (i) a newspaper circulating generally in Victoria; or (ii) if the lottery was advertised solely through a trade journal, promotional magazine or similar publication, that publication; or (iii) if the value of the prizes in the lottery is $500 or less, a newspaper circulating in the area in which the trade promotion lottery was held; and (e) must cause the winners to be advised in writing. (3) The requirements of sub-regulations (4), (5), (7), (8), (9) and (10) of regulation 5 apply to a lottery referred to in section 27 of the Act as if— (a) a reference to a trade promotion lottery were a reference to such a lottery; and (b) a reference to a permit holder were a reference to a person who conducts such a lottery. (4) A person who conducts a lottery referred to in section 27 of the Act must ensure that records are kept that provide— (a) an accurate financial accounting of the trade promotion lottery; and (b) an accurate accounting for all entries; and r. 7 -- 7 of 8 -- S.R. No. 30/1998 Gaming No. 2 (Trade Promotion Lotteries) Regulations 1998 7 (c) an accurate reporting of the distribution of prizes. ═══════════════ r. 7 -- 8 of 8 --