Laws and legalities
Australian gaming laws distinguish between "games of chance" where the winning entries are drawn at random and "games of skill" where entries are judged based on merit (such as answering a question in "25 words or less" or submitting the funniest photo).
Games of skill are popular because businesses don't need a permit to run them. For games of chance, the permit requirements and their costs vary from state to state and with the value of the prize on offer.
When entering a competition based on the luck of the draw, checking for an Australian permit number is a good way to make sure the promotion is above board.
Whether it's a game of chance or a game of skill, it's important to check the contest has terms and conditions to confirm it's being properly run, that you meet the criteria for entry and to find out how your information will be used.
Sharon Givoni is a lawyer specialising in the legalities of trade competitions. She says terms and conditions should spell out the responsibilities of the contest holder as well as the winners and the runners up, the steps to be taken to enter the competition and how your personal information can be used.
"Personal information can be obtained, used, and sent out to third parties where that information would be beneficial for the purposes of advertising and marketing," says Givoni.
She recommends reading the fine print to make sure you're happy with the deal before handing over your information.
"Read the full terms and conditions, know what the prizes are, look for a permit number and make sure you know how your entry will be used. Opt out of them sending email to you, if possible," she says.
How competitions have changed
Suki Harrison is the founder of OrigamiGlobe, an organisation that helps businesses plan and manage promotions and giveaways. She says in the past 10 years, SMS competitions have taken a backseat, while more businesses are taking their promotions online.
"SMS competitions do still exist, but they've changed from the cost of the standard text message to the 13 numbers and it costs you $2.50, $5.00 to enter," she says.
"We've found customers have also drifted away from SMS competitions because they find the spam text messages they receive afterwards annoying, whereas to a certain extent we've learnt to accept spam emails as part of online life. Businesses have moved towards web and social media competitions as it's become easier and cheaper for them to run these kinds of promotions.
"Everyone's setting up their business on Facebook, and everyone's coming up with these new and ingenious ways to market their business. Competitions online and on Facebook and Instagram can be really low cost, and really easy to manage as well."
The process is now faster for consumers, too. Rather than writing your entry on the back of a postcard and mailing it in, you can enter with the click of a button. This means more competitions overall, and more people entering, making it harder to win promotions run by big companies. You're likely to have more luck with competitions from smaller businesses.
"If you go for the smaller, more niche competitions, say you're following your favourite small business on Instagram and they've only got a few hundred or a thousand followers, it's going to be a lot easier to win that prize because there's going to be a smaller number of entries," says Harrison.
Brands big and small run competitions in order to generate immediate sales, and to build an email list of their ideal customers so they can market to them in the future.
Links and likes on social media
Harrison says that along with "enter your email to win" web pages, the most popular competitions are simple ones encouraging consumers to like pages and posts on social media.
An increasingly popular style of competition, particularly aimed at younger generations, calls for "user-generated content". Entrants are usually invited to send in a photo or video, which is then used by the business in its social media posts. The contests have a low barrier to entry, as most people have a smartphone these days. They also tap into people's desire to share media of themselves online. However, this type of promotion has its pitfalls.
Megan Clewer enjoys entering competitions and has won plenty of prizes, but had one unpleasant experience with the competition of an Australian gravy manufacturer. She submitted a photo of herself covered in the condiment. Despite not winning the contest, the company used her photo in a Facebook advertisement and as a result she was harassed online. She messaged the company and asked them to take it down. They refused until she mentioned the possibility of taking legal action.
Other competition woes spring from fellow entrants rather than those running the contest. The way online forms and other mechanics are designed and programmed can leave them vulnerable to cheating, meaning honest entrants might lose out.
Dean Koorey encountered this scenario when he entered a SEEK job search website contest to invent a job you wish existed. His suggestion of a tooth fairy ombudsman secured him a spot among four other finalists, where the most popular would win. Three of the other contestants appeared to find a way to rig the online voting system and were disqualified. Happily, the two genuine entrants were then left to battle it out for the prize and Dean emerged victorious, walking away $20,000 richer.
Adam Quirk is the managing director of Traction Digital, a firm that designs and builds online competitions. He says a variety of mechanisms can be built in to help prevent cheats from prospering, such as entry validations (like requiring an entry code or barcode), CAPTCHA to minimise robotic repeat entries, imposing entry limits for the same IP address or email, and a human at the end checking winners have complied with the terms and conditions of entry.
Businesses running promotions must comply with the privacy laws that pertain to collecting your personal information and sharing it with third parties. Even so, if you're entering a competition you should protect yourself by finding out exactly who you're dealing with and how they'll be using your information.
"If you don't know the listed promoter in the terms then be careful what data you share. There are many promotions companies which on-sell data legally, consumers just need to be aware they are participating, or choose not to," Quirk says. "Never hand over passwords, bank details or other important information as part of a competition."
You should also opt out of receiving future marketing material wherever possible, so you don't receive unwanted emails from the brand or third parties. Ultimately, it's up to you to read what you're signing up for and manage your personal information carefully.
"There are some great competitions out there with amazing prizes so don't be scared, just be informed," says Quirk.
Top tips to avoid competition traps
- Avoid anything that sounds too good to be true.
- When entering an Australian chance-based competition, look for a permit number.
- Read the terms and conditions to ensure you're comfortable with how your content and personal details can be shared and used.
- When uploading content like a photo or video, consider carefully whether you're happy for it to be posted online and potentially used for marketing and advertising purposes.
- Check the terms and conditions to see whether the prize covers all expenses – for example, does that prize holiday offer free accommodation but no flights – or if there are other barriers, such as block-out dates for travel.
- Understand the limitations on who can enter, how your entry must be submitted and whether you can enter more than once.
- Opt out of receiving future marketing material wherever possible.