By Hannah Denson
Promotional giveaways, sweepstakes, and contests can significantly promote your business and increase your brand awareness. But before you jump in head first, there are some specific rules and regulations you need to be aware of to protect yourself from liability or any unforeseen complications. KickoffLabs can help you get started by following this simple checklist. Don’t forget to refer to our general guide to keeping your contest legal and fun as well.
You must determine who is eligible to enter your contest. You may want to restrict participants due to age limits, residing in territories with more restrictive laws, or other considerations. For example, minors may be unable to claim certain prizes involving alcohol or tickets to venues prohibiting underage admittance.
Random giveaways, skill-based contests, sweepstakes, raffles, and prize drawings might seem like fun ways to promote your business, but some of these are illegal in Canada. As a contest promoter, you will need to carefully follow the guidelines governing these events to ensure you are fully compliant with laws such as the Criminal Code, Competition Act, and Canadian Anti-Spam Laws (CASL).
In Canada, it may be considered an illegal giveaway if the contest awards prizes or money based purely on random chance. This is why adding additional qualifiers such as skill-testing questions are so important. It is essential to introduce this element of skill to distinguish your competition from a game of pure chance.
Consideration occurs when you offer something in exchange for something else. The Criminal Code prohibits any contest or sweepstakes that require consideration, including entry fees or anything that can be construed as having value, such as requiring a participant to watch a video or complete a survey. Therefore, always ensure your promotion has an easily accessible and free method of entry.
The province of Quebec, which makes up roughly 25% of Canada’s population, has its own rules and regulations regarding contests. Specific filings must be submitted outlining the terms and conditions of your contest which the government must approve. In addition, you must submit a duty fee and copies of any advertising used to promote the event.
Contests, sweepstakes, and promotional giveaways in Canada are all regulated under the federal Competition Act, which requires certain disclosures to be made, including:
● The number and approximate value of all prizes
● Disclosing any regional allocation of prizes
● Any facts that may affect the odds of winning
The Competition Act allows for a listing of short rules to be included in your promotional marketing that can be linked to long rules that fully explain your contest’s details. Long rules should include details such as the number and approximate value of prizes, regional restrictions, skill-testing requirements, winning odds, and any entry deadlines.
In addition to the requirements outlined in the Competition Act and CASL, promotional contests may also be governed by common contract law in Canada.
Drafting a carefully researched set of rules can save a contest sponsor from unexpected difficulties that may arise in the event of a dispute.
Canadian privacy laws require consent for the collection and use of personal information. Therefore, you should include a privacy notice that informs the participants precisely what personal data is collected and how it will be used. In addition, using any personal information for marketing purposes requires consent, so ensure that this is included in any release forms that the participant signs.
Consent to use intellectual property must be acquired before use. This includes any copyrighted material such as images, text, registered trade names, works of art, or anything else that might fall under copyright protection. It is essential to review all of the creative materials before the launch of a promotion to ensure full compliance with local laws.
If you intend to promote your contest on social media, you must follow the rules of each platform. Failing to do so can result in strikes against your account and a possible suspension. Let’s take a quick look at some of the guidelines for several popular platforms.
● You must include with your promotion all official rules that comply with all applicable
legislation of the Canadian province in which your contest takes place.
● You should indicate the contest’s terms and eligibility requirements and include a liability release of Facebook by each entrant.
● You should add a statement indicating that Facebook is not a sponsor of the event.
● You are required to display all official rules and the terms of eligibility.
● You are not allowed to encourage tagging of content.
● You must include a statement that the promotion “is in no way sponsored, endorsed or administered by, or associated with, Instagram.”
● You may not encourage entrants to create multiple accounts.
● You may not encourage entrants to repost the same tweets as the promotion repeatedly.
● You may not encourage entrants to use unrelated hashtags.
● Your content must comply with all Canadian federal and provincial legislation and regulations.
Release forms can be used to confirm that all participants have complied with the contest’s rules and release the sponsor from any liability. Depending on your promotion type, it may be helpful to require a release form only from the winning party and not all participants. Having a release form can protect the promoter from fraud or abuse. However, you should seek qualified legal assistance when drafting any type of release form.
Prize winners in Canada are not required to pay tax on winnings. However, depending on the nature of your giveaway, your winner may be required to pay some tax. For example, vacations and trips awarded as prizes may require travel tax. Details of any tax obligation should be included with the winner’s release form and any detailed description of the rules where applicable.
Contests, sweepstakes, and giveaways can be effective and fun ways to promote your business. But you must be familiar with the contest’s guidelines to ensure that all details are transparent and in full compliance with the laws of Canada and its territories.
When it’s all said and done, you not only want to promote your brand, but you want to do it in a fun way that everyone will enjoy and will be glad to be a part of. So, make sure to keep it fun! If nobody’s having fun because of all the legalities or if they’re seeing more harm than good coming from it, where does that put your brand? It would be memorable for the wrong reason.
So, make sure your promotion is legal without sacrificing the fun that should be had by everyone. Check out our article, “Best Practices for Keeping Giveaways Legal Without Sacrificing Fun!”