The owners of the Yapper Valley Pet Resort in Woodstock, Townsville faced Supreme Court action after being found to be operating their ‘Win a pet lover’s dream’ competition without a licence.
An investigation by the Office of Liquor and Gaming Regulation (OLGR) found the competition was a Category 3 game in Queensland, which requires a licence, however no licence was held.
It was unlikely OLGR would have issued a licence had an application been made, as the competition was not for charitable purpose, but private gain. The terms and conditions of the competition also stated that if not enough entries were sold, the major prize of the pet resort would not be delivered and would be substituted for a lesser prize.
The Supreme Court judge made an order by consent, which required the promoter to remove Queensland residents from the competition and refund, in full, the entry fees paid by Queensland residents. This was after OLGR had made several unsuccessful attempts to convince the promoter to remove Queensland residents from the competition and refund their entries.
The Charitable and Non-Profit Gaming Act 1999 exists to maintain and protect the integrity of charitable and non-profit gaming in Queensland.
Any person or organisation wishing to conduct a competition in Queensland where winners are determined entirely or partly by chance should familiarise themselves with the requirements of the Charitable and Non-Profit Gaming Act 1999.