Promotional contests in Canada are largely governed by the federal Competition Act and Criminal Code, privacy legislation and contract law. In addition, Quebec has a separate regulatory regime governing contests, which means that Quebec requirements should be complied with or contest eligibility restricted to Canadian residents excluding Quebec.
Given that the improper operation of a promotional contest can result in civil or criminal liability, or lead to adverse publicity or negative goodwill (which can be worse for promoters), it is important to review proposed contests for Canadian legal compliance.
Operating contests in Canada typically includes the preparation of “short rules” (for point-of-purchase materials), “long rules” (or “official rules” as they are sometimes called), winner releases, a skill-testing question and a review of draft advertising and marketing materials for Competition Act (i.e., misleading advertising law) compliance.
SERVICES
My services include advice in relation to:
- Application of the Competition Act and Criminal Code to promotional contests
- Drafting short and long contest rules and statutory disclosure
- Reviewing promotional contest marketing and advertising materials
- Preparing winner release documentation
- Compliance with the misleading advertising provisions of the Competition Act
- Advice relating to Canada’s deceptive prize notice and telemarketing rules
NEW: Canadian Contest Forms and Checklists: Based on increased demand for efficient and affordable Canadian contest law rules, in addition to my contest law services I am now offering Canadian contest forms and precedents for the operation of random draw and skill contests in Canada (excluding Quebec). See: here.
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For more about Canadian contest law see: Contests
For more information about our regulatory law services contact us: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
BOOKS
The Competition Law Guide for Trade Associations in Canada is a practical and concise summary of Canadian competition law for trade, professional and other associations and their advisors
COURSES
Competition Law and REALTORS®: What You Say and Do Matters was designed by ACRE with the assistance of CREA to help Canadian REALTORS® understand and comply with Canadian competition law
For more see: ACRE