The following is a synopsis of a presentation given at BLG's Marketing Law News Flashes Conference held on February 28, 2013:
There are a number of laws, regulations, guidelines and best practices that apply when running a contest. Besides (i) the Federal Criminal Code, which leads to skill-testing questions and "no purchase necessary" methods of entry, (ii) the Federal Competition Act, which leads to adequate disclosure requirements, and (iii) Québec's Rules respecting publicity contest, consider privacy, licensing, trade-mark, advertising to children and defamation issues, third-party guidelines (e.g., Facebook), and specific relevant laws (e.g., a contest involving alcohol). Also critical are reputational issues. Don't forget that contest rules are like a contract between the sponsor and the entrants, and you want them to be helpful if you need to rely on them. Also remember the general context – statements should be accurate and not misleading.
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