(1)  In this Act,

lottery means a scheme or device for the distribution of a prize by way of sale, gift or otherwise if –

(a) the prize consists of a right to any real or personal benefit or real or personal thing; and

(b) the distribution involves an element of chance for which a payment or other consideration is made or given.

(2)  Despite subsection (1) , a scheme or device for the distribution of a prize by way of sale, gift or otherwise is not a lottery if the scheme or device is a trade promotion.