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It’s a Race: Running Competitions to Promote Vaccination

Published on September 6, 2021 by Selwyn Black and Yue Lucy HanSelwyn Black and Yue Lucy Han

Do you want to run a free to enter lottery for vaccinated stakeholders (clients, patrons, members, staff or others) with value rewards?

In NSW, competitions that involve a game of chance, with no requirement for skill, and used to promote your organisation, and others, are often regulated as trade promotions.

Planning your competition

Designing your competition is both fun and rewarding; you should ask yourself questions like:

1. What is the total prize value? Will you have multiple prizes, will they be the same or different?
2. Who is eligible, have I complied with government guidelines on vaccination rewards (see below)? How will you determine their eligibility? How do they enter?
3. When will it start and when will it close? When and how will the prize be drawn?
4. How will you notify the winners and what happens if the prizes are unclaimed?
5. Are you running this trade promotion for the benefit of other entities or organisations?

Your answers will help give you a basis to determine what you need to legally do before promoting and commencing your competition.

COVID-19 Vaccination Reward Guidelines from the Commonwealth Government

• You can only offer rewards to fully vaccinated individuals (being 2 doses for the currently approved COVID-19 vaccinations)
• You cannot name specific vaccines
• You cannot refuse entrants because they were vaccinated before the start of your competition
• You must explicitly state that vaccinations must be taken on health practitioner’s advice to the individual.

These guidelines are important because the promotion of therapeutic goods including vaccines, is heavily regulated.

Next Steps

Make sure to add these steps into your competition or vaccination reward planning:

1. Check whether you need a permit from the different state and territory authorities;
2. Draft Competition Rules (T&Cs) to comply with lottery laws and COVID-19 Vaccination reward conditions; and
3. Notify the relevant authority before promoting or commencing your competition.

Before you or your business roll up your sleeves and contribute to promoting such competitions for vaccinated people, you should be aware of the legal obligation and of the importance of getting the rules right so as to avoid problems. We can assist you and your organisation through the legal steps, and help you promote vaccination for the benefit of the whole community.

For further information please contact Selwyn Black email:  sblack@codea.com.au Tel:  (02) 8226 7359 or Yue Lucy Han email:  yhan@codea.com.au Tel:  (02) 8226 7368.