Archive for the 'Contests' Category
November 1, 2020
Are you planning to run a contest/sweepstakes in Canada to promote your business (or a client’s business) and need sophisticated Canadian legal precedents? I have developed a number of legal precedents and forms for running common types of promotional contests in Canada, excluding Quebec (commonly referred to “sweepstakes” in the United States).
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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August 21, 2020
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions. Below is an excerpt with a link to my full Canadian Lawyer column.
May 15, 2020
Over the past several weeks, a marketing law trend that is emerging in my practice has been increased demand to work on destination marketing contests (i.e., contests promoting trips, vacations and adventures to particular destinations). This may seem slightly counterintuitive, but I have been contacted by several brands and local and international governments in relation to destination contests, presumably anticipating an easing of local and international COVID-19 travel and other restrictions.
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
Are you running a promotional contest or sweepstakes in Canada? We offer a range of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents/forms for running common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen at random by draw) and skill contests (e.g., essay, photo or other types of contests or promotions where entrants must submit content that is judged to enter or to obtain additional entries).
CANADIAN 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 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 or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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Contests in Canada are largely governed by the Competition Act, Criminal Code and common law of contract. In addition, Quebec has a separate regulatory regime governing contests (with some additional requirements) and several other areas of law and rules can apply, depending on the type of promotion including: privacy law, intellectual property law, Canada’s anti-spam legislation (CASL) and social media sites’ terms of use.
CANADIAN 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 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 or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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As a competition and advertising lawyer, I work on many promotional contests for a wide range of clients – from large consumer products firms, to agencies, to start-ups and individuals that want to promote their brands in a perennially successful way: contests. It’s a bit of a quirky area of law, but one thing is certain – both brands and consumers love them. While contests can vary considerably depending on the type of promotion, where the contest will be run and how it will be promoted, in Canada there are a few important considerations that advertisers and the agencies and counsel helping them need to think about.
Are you planning to run a promotional contest (i.e., sweepstakes) in Canada and need contest rules and forms? We can help. We offer a variety of template contest rules and forms for running popular types of contests in Canada.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
