So, you'd like to run a trade promotion in both Australia and New Zealand. Here are the key points to consider...
Are permits required?
If your promotion involves any element of chance then depending on the prize pool value, you may need a permit or an authority in some states/territories of Australia. But if it's purely a game of skill, permits aren't required in Australia. New Zealand doesn’t require permits for ‘sales promotion schemes’, but to qualify as a sales promotion scheme certain criteria must be satisfied (e.g. the qualifying purchase must be goods or services promoted at their usual retail price). If your promotion does not qualify as a ‘sales promotion scheme’ you may need to obtain a licence.
Instant win promotions
Instant win trade promotions where qualifying purchases are made online or over the phone are not permitted in New Zealand, but they are allowed in Australia (and may require permits). An instant win trade promotion is permissible in New Zealand where the qualifying purchase is made in a physical store, then the consumer goes online to check if they have ‘instantly’ won a prize.
In your terms and conditions you will need to include the promoter's business address and an address for enquiries (if different) in each country.
Dates, times and prize values
All dates and times in your terms and conditions must be stated in both Australian and New Zealand times. Also, all prize values must be stated in both Australian and New Zealand currencies.
If you use the same advertising artwork in both countries you'll need to state the times, dates and currencies for both countries. Instead you could have separate artwork for each country, which only requires the country-specific details. But make sure it's clear that entries are open to both Australian and New Zealand consumers, otherwise your advertising could be misleading.
If you wish to advertise an alcohol related promotion, additional restrictions may apply. For example, in New Zealand you cannot advertise a promotion involving alcohol outside a licensed premises (including both digital and physical advertising).
For trans-Tasman promotions that run across both countries, it is important that the opportunities to enter and the chances of winning a prize are equal for all participants regardless of where the promotion originates.