This catches a few people out. I can’t reinforce enough how, as a Kiwi business, you must have terms and conditions for every giveaway, competition, sweepstake raffle or business card draw.

Oh, and there’s Facebook regulations too!

Firstly, you need to have terms and conditions readily available, within coo-ee, of your giveaway. Whether this be at your stand at a Business Expo or online, you need to provide specific information.  Usually the hairy details are provided in a ‘terms and conditions’ page on your website that is referenced at the ‘point of entry’ew.

So let’s break it down in to ‘specific terms’ and ‘general terms’.

Specific Terms of a Giveaway

What criteria must your entrant HAVE to be eligible?

Must they be a resident of New Zealand or have a NZ delivery address? This is helpful as shipping prizes overseas can amount to quite an expense, but also ensures that you don’t stumble into another territory’s regulations. Australia for example, have strict lottery rules that you must adhere to. They are ‘ready to pounce’ when those reguations are not met.

Must competition entrants be an existing customer, or have visited your store/premises, or have purchased online in a specified timeframe, or have signed up for a free trial?

What must your entrant DO to complete their entry?

Must they send an email, make a comment, like your Facebook Page?

Please ensure that you DO NOT make ‘sharing’ or ‘tagging’ a prerequisite to enter. This goes against Facebook’s competition guidelines (updated April 2019). If folk willingly share/tag (without being told to), well that’s a very nice bonus.

What is the timeframe?

Clearly state opening and closing dates AND the date of the draw.

What is the prize?

What does the prize consist of? What is the NZ$RRP value of the prize? How many prizes are there?

How is the winner chosen?

Is it a game of chance (eg: as long as they meet the criteria, they are in with a random chance to win)?

Is it a game of skill (eg: the best photo/comment wins)?

Note, these specific details can be summaried in your social media post but there should be a link that heads straight to the details on your website, so that entrants can read and understand them BEFORE entering your giveaway or competition.

General Terms of a Giveaway

You should also declare terms such as:

  • Can the prize be redeemed for cash?
  • Under what circumstances is there a redraw?
  • How will you advise the winners?
  • Will their names be published?
  • Who is actually running the competition?
  • How can people contact if they have any queries?

You MUST also have a waiver for Facebook if using their channel to promote your giveaway.  At the time of posting this blog “Acknowledgement that the promotion is in no way sponsored, endorsed, administered by or associated with Facebook” is required.

It is also HIGHLY recommended that you have a Privacy Policy so folk know what happens to their information while you intentionally, or unintentionally, collect it.

Sounds complicated? It doesn’t have to be. Get in touch if you have any queries or are still unsure how to best approach giveaways and competitions.

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    Ellen Gomes

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