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 for running 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 or to order see: Canadian Contest Law Forms/Precedents.
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OVERVIEW OF CANADIAN
CONTEST LAW & SOCIAL MEDIA
Social media continues to be essential for effective advertising and marketing, including in connection with promotional contests/sweepstakes. Social media platforms, including Facebook, Twitter, Pinterest, YouTube, LinkedIn and Instagram, may be used to promote a contest or be an active part of entry and participation (e.g., following a brand, liking a page, commenting on posts or sharing contest marketing on social media).
Social Media Platform
Terms of Use
Contest sponsors need to be aware, however, that most social media platforms have different contest specific terms of use that must be complied with. These terms of use typically not only apply where a particular social media platform is used as an active means of entering and participating in a contest (e.g., liking a page or tweeting) but also where the platform is merely used to promote or publicize the contest (i.e., hosting contest materials on the sponsor’s social media page(s)).
In addition to general requirements, such as requiring sponsors to comply with applicable contest laws, many social media sites also have specific terms and conditions including disclaimers required for rules and releases, terms as to whether a purchase may be required to enter and restrictions on using some social media functions for a contest (e.g., terms prohibiting contest rules that encourage spam).
For example, Facebook’s Pages Terms include Promotions Rules and the following requirements for promotions that are “communicated” or “administered” using Facebook: operating the promotion lawfully, including official rules and eligibility requirements; complying with all applicable legal and regulatory requirements; having entrants release Facebook; and an acknowledgment that the promotion is not sponsored, endorsed or administered by, or associated with, Facebook. Facebook’s terms also include specific restrictions on its functionality when running a contest.
The terms and conditions of other major social media sites contain rules, which vary depending on the platform, for running contests, which, if violated, can lead to page takedowns or account suspension.
Social media sites’ contest related rules also change from time-to-time. As such, contest promoters should check the specific requirements for each social media site they plan on using before launching a promotion, ensuring that contest rules and forms are compliant and that the way the contest is planned to be conducted will not violate the sites’ rules.
Contest Disclosures
(Short and Long Rules)
As with other contest marketing, it is a good practice to include short rules in all social media marketing (with a link to the long rules).
Contests and CASL
(Canadian Anti-Spam Law)
Canada’s anti-spam legislation (CASL) can also apply if a contest sponsor wants to collect entrant e-mails or other electronic addresses for non-contest related or later electronic marketing. For more information, see: Contests and CASL.
CASL issues can also arise if contest entrants are either required (or encouraged) to share contest information with friends or family or tag friends, where the action involves sending unsolicited communications to electronic addresses. For more information see: Running a Friends-and-Family Promotion in Canaa? Cruel, Cryptic CASL Strikes Again and Anti-Spam Compliance Errors.
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For more information about Canadian contest law see: Contest Law.
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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