We are a Toronto based competition and advertising law firm that offers business, association, advertising agency and government clients efficient and strategic advice in relation to competition/antitrust, advertising/marketing, anti-spam law (CASL), Internet and new media and contest laws. We also offer competition, advertising and regulatory law compliance, education and policy services.
The following are some of our Canadian contest/sweepstakes and advertising and marketing law related services:
CONTEST LAW
Promotional contests (or “sweepstakes” as they are referred to in the U.S.) 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, CASL (federal anti-spam law) and intellectual property law.
In addition, Quebec has a separate regulatory regime governing contests, which means that Quebec requirements should be complied with for contests open to Quebec residents (or contest eligibility restricted to exclude Quebec residents).
Given that the improper operation of a promotional contest can result in civil or criminal liability, or lead to adverse publicity or negative goodwill, it is important to review proposed contests for Canadian legal compliance.
Operating contests in Canada typically includes the preparation of short rules (mandatory statutory disclosure, which are sometimes called “mini-rules”), long rules (the full terms and conditions governing the contest), winner releases, a skill-testing question and a review of draft creative for advertising law compliance before launch.
Our contest law services include advice in relation to the application of the Competition Act and Criminal Code to promotional contests, CASL (anti-spam law) where electronic marketing will be used (e.g., entrant e-mails captured for later marketing), drafting short and long contest rules and statutory disclosures, reviewing draft contest marketing and advertising materials for advertising law compliance, preparing winner releases, compliance with the misleading advertising provisions of the Competition Act, compliance with social media platforms terms of use and contest related agreements (e.g., influencer, co-sponsor and contest indemnity agreements).
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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 and to order, see: Contest Forms and Contest Forms II.
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ADVERTISING LAW
Complying with Canadian advertising laws can be challenging for brands and agencies. Advertising in Canada is highly regulated. Practical hurdles include consistent enforcement by the Competition Bureau, CRTC and other enforcement agencies, increasing regulatory and enforcement focus on digital advertising (e.g., influencer marketing, online price claims and drip-pricing, online disclaimers and disclosures, Canada’s anti-spam legislation (CASL) and adapting advertising and marketing campaigns to new technology, platforms and social media.
We help clients practically navigate Canada’s advertising and marketing laws and offer Canadian advertising law services in relation to print, online, new media, social media and e-mail marketing and electronic marketing.
Our services include legal advice in relation to the general civil and criminal misleading advertising provisions of the Canada’s federal Competition Act, competition and advertising law compliance programs and policies, anti-spam law (CASL), Competition Bureau and other complaints and investigations, seeking Competition Bureau advisory opinions, Internet, new media and social media advertising and marketing, provincial consumer protection legislation, consumer packaging and labeling legislation, running promotional contests/sweepstakes in Canada and sales and other promotions.
We also offer advice in relation to specific types of advertising and marketing issues, including performance claims, endorsements/testimonials, influencer marketing, disclaimers and online disclosures, native advertising and astroturfing and advertising/marketing related agreements (e.g., co-sponsor, influencer and list sharing agreements).
COMPETITION LAW
We offer companies, trade and professional associations and other organizations efficient and strategic competition law advice, including in relation to the civil and criminal sections of the federal Competition Act, advertising and marketing matters, association activities, competition law compliance, competitor collaborations, investigations, pricing and distribution matters and refusals to deal and supply terminations.
WHO ARE OUR CLIENTS?
We practice federal Canadian and Ontario law. As such, we frequently act for companies, trade and professional associations, not-for-profit organizations, governments, advertising agencies, communications firms and individuals in Toronto and across Canada and the United States. Over the past 20 years we have provided competition, advertising, contest and regulatory law advice to clients in Toronto, across Canada, as well as to U.S. clients seeking Canadian legal advice for Canadian operations and projects.
REPRESENTATIVE WORK
Some of our recent competition/antitrust, advertising/marketing and contest law work for Toronto, Canadian and international clients includes:
Association competition law compliance, including in-person and online compliance programs for some of Canada’s largest associations; competition compliance for a major global construction products company; competition law compliance programs for small and large companies; advertising and marketing law advice (including for several of Canada’s and the world’s leading brands, local Canadian governments and several international governments); submissions to the Competition Bureau; filing Competition Bureau complaints; competition and advertising law related memoranda, applications for Competition Bureau advisory opinions; Canadian price-fixing cases; immunity applications to the Competition Bureau; contest law advice including for several local and international governments; competition law seminars and presentations for industry groups; drafting contest rules/forms; and assisting litigation counsel with competition law theory and strategies.