Contests and games in Canada are primarily governed by the Competition Act and Criminal Code. Contests that are open to residents of Quebec are subject to an additional regulatory regime and regulator, the Regie des alcools, des courses et des jeux. Given that an improper promotional contest can lead to civil or criminal liability, as well as adverse publicity, it is important to ensure that proposed contests and games are structured in compliance with Canadian laws.
Our extensive experience in respect of contests and giveaways includes advising on risk analysis and mitigation for all promotions in the face of complicated provisions of the Criminal Code related to lotteries and gambling.
We have particular experience advising on social media contests and the application of related areas of law, such as privacy law, intellectual property law, influencer concerns, anti-spam requirements and terms of use on social media sites.
We advise on all aspects of contests and games, including structuring, drafting rules, reviewing advertising, submissions to regulators and dealing with consumer complaints.
