CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more.
Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist.
For more information and to order see: Canadian Contest Forms and Precedents.
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OVERVIEW OF ONTARIO CONTEST LAWS
Contests in Canada are largely governed by the federal Competition Act and Criminal Code and the common law of contract. In addition, several other areas of law and rules can apply, depending on the type of contest. These include privacy law, intellectual property law, Canada’s federal anti-spam legislation (CASL) and social media sites’ terms of use. For more information, see: Contest Laws in Canada.
Given that the improper operation of a promotional contest in Canada can lead to civil or criminal liability or, what can often be as bad or worse for a brand, negative publicity, it is important to review promotional contests for compliance with key Canadian laws before they are launched.
In this regard, running promotional contests in Canada typically involves the preparation of short rules (also sometimes called “mini rules” with mandatory statutory Competition Act disclosures), long rules (or “official rules” as they are sometimes referred to), winner release forms for winners, a skill-testing question (as a condition of winning a prize) and the review of draft marketing materials (for misleading advertising compliance).
In Ontario, contest sponsors typically comply with the above federal laws (i.e., Competition Act, Criminal Code, intellectual property law and CASL) to run promotional contests open to Ontario residents. In this regard, while provincial and territorial consumer protection laws can also apply to contests (e.g., where marketing is false or misleading), the majority of enforcement to date relating to contests has been at the federal level by the Competition Bureau. For more information about the Competition Bureau’s enforcement position in relation to contests, see: Competition Bureau, Promotional Contests Enforcement Guidelines (Section 74.06 of the Competition Act).
If the contest is limited to Ontario residents (or Ontario residents and some other provinces and territories), contest sponsors usually exclude other provinces/territories from entry (e.g., with language such as, “Contest is open to legal residents of Ontario who are age of majority at time of entry into the Contest” or “Contest is open to legal residents of Ontario and [other provinces/territories] at time of entry into the Contest”).
In this regard, in Canada, contest sponsors have wide latitude to determine who is eligible to enter into a contest, including by restricting eligibility to enter to only residents of certain provinces, territories, cities or other areas.
CHARITABLE LOTTERIES IN ONTARIO
In addition, if a contest sponsor plans to run a charitable lottery in Ontario or another Canadian province or territory (e.g., a contest in which a purchase is required to enter or to buy tickets or ballots to enter), it is important to review the applicable provincial/territorial rules for running provincial/territorial charitable lotteries.
Contest sponsors in Ontario or other Canadian provinces or territories that fail to comply with the applicable provincial/territorial rules for running charitable lotteries risk criminal liability under section 206(1) of Canada’s federal Criminal Code, which contains a number of illegal lottery offences.
For more information, see: Alcohol and Gaming Commission of Ontario, Types of charitable gaming lottery licences.
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CANADIAN CONTEST & ADVERTISING LAW SERVICES
We are a Toronto based competition and advertising law firm that offers business and individual clients efficient and strategic advice in relation to Canadian competition and advertising laws, including contests/sweepstakes and other types of promotions. Our experience includes advising Canadian and U.S. clients in relation to Canadian contest/sweepstakes, advertising/marketing and competition/antitrust laws.
For more about our contest/advertising law services see: here
To contact us for Canadian contest or advertising law advice see: here
For more information about our firm, visit our website: Competitionlawyer.ca