Archive for the 'Contests' Category
October 4, 2017
I am pleased to be presenting again at the Canadian Society of Association Executive’s (CSAE) National Conference – this year in St. John’s, Newfoundland. I’ll be co-presenting a session this year, with Andrew Schiestel of tbk Creative, on Digital Marketing Strategies and Legal Issues for Associations and Members (from 10:00 to 11:30 on Wednesday, October 25th).
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.
********************
Practical Law Canada Competition has published a new Legal Update, which discusses key issues that can arise in Canadian contests (with practice tips for counsel to advise their clients). Below is an excerpt with a link to the full Update.
Are you running a Canadian contest or sweepstakes and need forms for terms and conditions, disclosure and winner releases? We can help and offer a variety of contest forms and contest packages for running popular types of contests in Canada.
Promotional contests continue to be extremely popular for brands. In this regard, we have recently updated the Canadian contest law rules and forms that we offer in key popular areas, which include random draw contests, consumer generated content contests (sometimes also called “skill contests”), trip contests, as well as popular social media based promotions/contests.
For more information and to order, see Canadian Contest Forms.
Guest post by Brian D. Fergemann
Partner, Winston & Strawn LLP (Chicago)
August 14, 2016
Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those guidelines are contained within its Acceptable Use Policy. The previous guidelines stated, among other things, that companies should not “run a sweepstakes where each Pin, board, like, or follow represents an entry;” require people “to Pin from a selection;” or “require a minimum number of Pins.” None of those restrictions are found in the new guidelines. The new guidelines state that companies who conduct promotions should “encourage authentic behavior, keep Pinterest spam-free, and be sure to comply with all relevant laws and regulations.” The new guidelines state further that companies who conduct promotions should not require participants to Pin a specific image or allow more than one entry per participant. The new guidelines expressly acknowledge that requiring consumers to Pin from a selection is now permissible: “Give Pinners the ability to choose Pins based on their tastes and preferences, even if it’s from a selection or a given website.”
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.
********************
One of our practice areas is Canadian advertising and marketing law. In this respect, we have worked on a number of “destination marketing” promotions over the past few years, including for hotel, resort and Canadian and international government clients. “Destination marketing” involves promoting travel to a hotel, resort, province/territory or country.
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.
********************
Promotional contests in Canada are largely governed by the federal Competition Act, Criminal Code and contract law. Other laws can also apply depending on the type of contest, including privacy, anti-spam and intellectual property law.
In addition, one of the areas of law that has affected contests the most over the past several years is CASL – Canada’s federal anti-spam legislation. For more information about CASL, see: CASL (Canadian Anti-spam Law), CASL Compliance, CASL FAQs, CASL Compliance Errors and CASL Precedents and Checklists.
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.
******************
In Canada, “competition law” overlaps with advertising and marketing law. One of the reasons for this is because the federal Competition Act in Canada includes a number of advertising and marketing law sections, including some specific provisions relating to promotional contests. (Though of course contests in Canada can involve a number of other areas of law including: contract law, the Criminal Code, privacy law, intellectual property law and now Canada’s recently in force anti-spam law – CASL.)
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
