Are Your Social Media Giveaways Legal? What Australian Businesses Need to Know

Social media giveaways can be a powerful way to boost engagement and build brand awareness. But if you’re not running them properly, you might be breaking the law, and copying what others do isn’t a safe strategy.

This blog explains the key rules around running giveaways or competitions in Australia, and what you need to include to stay compliant.

Legal Requirements for Promotions

In Australia, giveaways are governed by state and territory laws and whether you need a permit depends on how the promotion is structured.

If your competition involves chance (like drawing a random winner), you may need a permit in New South Wales, the ACT, South Australia or the Northern Territory. These requirements vary, and each state has its own application process. 

On the other hand, competitions based solely on skill (where entries are judged) generally don’t require a permit, though terms still need to be legally compliant.

Another thing to consider is your giveaway terms and conditions – which are mandatory in some states (such as WA) and may have to be submitted to your state’s department which regulates lotteries.

You also need to comply with the rules of the platform you’re using. Instagram and Facebook both require you to include specific disclaimers. You must release the platform from liability and make it clear that your giveaway is not affiliated with them in any way.

What to Include in Your Giveaway Terms

Every promotion should have its own terms and conditions that clearly explain how the competition will run. This includes the eligibility criteria, how to enter, the start and end dates, and how the winner will be selected and notified.

The terms should also explain what the prize is, any restrictions or limitations, and whether the promoter has the right to change or cancel the promotion. This is especially important if you’re running the giveaway for a limited time or subject to external factors like product availability.

You should also be upfront about how you’ll handle personal information. If you’re collecting emails, names or social media handles, you need to make it clear how that data will be used and stored.

Why Compliance Matters

Running a non-compliant giveaway can lead to fines or complaints to consumer regulators and once your brand has been flagged, it can affect your advertising and platform. Even if you’re just offering a small prize, like a gift voucher or product bundle, the legal requirements still apply.

If you're planning a giveaway and aren't sure whether your setup is compliant, don’t guess. Get proper legal support so you can run the campaign with confidence.

We offer strategy calls to review your campaign or can assist you with a giveaway terms and conditions template that complies with Australian laws and meets platform requirements.

Book a strategy call to get your campaign reviewed. Book a 1:1 call for support.

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This blog is intended for general information purposes only and does not constitute legal advice. The content is based on Australian law and may not be current at the time you read it. Legal requirements may vary depending on your circumstances. Always seek independent legal advice tailored to your specific situation before acting on any information provided.