Advertising & Marketing Law

Contest Law

Contests can be a great way to promote your brand and your business. However, there is more to contests than simply giving away prizes. There are a number of Canadian federal and provincial laws, such as the Criminal Code, which govern contests. Further, contests in Quebec have reporting and government fee requirements which are unique in Canada. Failure to adhere to the relevant laws can expose your business and its principals to fines, imprisonment, and public relations nightmares. Adhering to the laws governing contests is part of intelligent IP management and brand protection.

We can help you navigate the various contest laws by:

• Drafting contest rules, including proactive risk management clauses on when and how the contest can be cancelled, and limitation's on your sponsor's liability.
• Advising whether the prizes in your contest are governed by special rules.
• Conducting searches to ascertain whether the names and slogans you would like to use for your contest are available for use.
• Advising on how to collect contestant information in compliance with applicable provincial and federal privacy laws.
• Specifically excluding Quebec contestants from your contests, or coordinating with Quebec counsel on your behalf to ensure that the various Quebec government requirements for notice, government fees, reporting requirements, and French language materials, are addressed.