SERVICES
I offer a full range of promotional contest services, including assistance with the preparation of short rules, long rules, statutory disclosure, winner releases and print and online marketing in compliance with the Competition Act, Criminal Code and other relevant laws. My services include:
- Preparing contests to comply with relevant federal laws
- Drafting short and long contest rules and statutory disclosure
- Reviewing promotional contest marketing and advertising materials
- Preparing winner release documentation
- Vetting contest materials for advertising law compliance
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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SOCIAL MEDIA AND CONTESTS
Social media is increasingly important for effective marketing and promotion, including the operation of contests. Contest organizers should be aware, however, that there may be specific social media terms of use that apply to the promotion and administration of a contest using social media.
For example, Facebook’s Statement of Rights and Responsibilities, the terms of use governing its relationship with its users, requires users to:
1. Follow its Promotions Guidelines and other applicable laws when publicizing or offering any “contest, giveaway, or sweepstakes” on Facebook.
2. Follow certain rules when collecting user information (not collect user information without consent, state that Facebook is not collecting the information and include a privacy policy stating what information is being collected and how it will be used).
3. Agree to follow Facebook’s Pages Terms when creating or administering Facebook pages, which include rules relating, among other things, the collection of data and consent and notice requirements.
Facebook’s Promotions Guidelines set out rules for using Facebook to communicate or administer contests. “Administer” is defined broadly as any element of promotion, including collecting entries, conducting a drawing, judging entries or notifying winners. The definition of “communication” is equally broad and means promoting, advertising or referencing a promotion in any way on Facebook (e.g., in advertisements, on Facebook pages or Wall posts).
Facebook’s key rules for promotions are:
1. Requiring promotions to be administered within Apps on Facebook.com, either on a Canvas Page or a Page App.
2. Including certain information (a release of Facebook by entrants, acknowledgment that the promotion is not sponsored/endorsed by (or affiliated with) Facebook and to whom information is being disclosed to).
3. Limiting Facebook-feature related conditions for registration or entry (only liking a page, checking into a Facebook place or connecting to the contest organizer’s app.).
4. Not using Facebook features/functionality to register or enter (e.g., not automatically register/enter participants that like a page).
5. Not using Facebook features/functionality (e.g., like buttons) as contest voting mechanisms.
6. Not notifying contest winners through Facebook (e.g., through Facebook messages, chat, or posts on profiles or pages).
Other Facebook terms of use that can apply to the operation of contests and other promotions include its rules for the use of its name, trademarks and logos and linking to Facebook (set out in Facebook’s Brand Permissions Center) and rules requiring contest promoters to generally operate contests lawfully (including official rules, offer terms and eligibility requirements).
Facebook also has restrictive rules relating to gaming and lotteries, including rules relating to the promotion of government lotteries on Facebook.
Failing to comply with Facebook’s general terms of use and Promotions Guidelines can have serious impacts for a contest relying on Facebook for promotion, given that Facebook has broad rights under its terms of use to reject or remove pages or stop providing all or part of Facebook.
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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