Running a Friends-and-Family Promotion in Canada? Cruel, Cryptic CASL Strikes Again

During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests.  In this regard, I have acted for several countries assisting them with their destination marketing related promotions.  My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions.  Below is an excerpt with a link to my full Canadian Lawyer column.

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It’s summer, during a pandemic. Canadians, like much of the world, have been (mostly) locked down for months and only beginning to return to something resembling normal life.

Over the past months, businesses and brands have been hit hard. But advertising clients, including retail brands and agencies, are now coming back online. Marketing for everything from clothing to cars to vacations — if only somewhere in a hypothetical post-COVID future — is increasing.

One area in which I am seeing more activity is in contests. Canadians love them and always have. Apparently they still do even during a pandemic. Recently, my marketing clients have run promotions to promote local Business Improvement Areas, car sales and retail products as stores open again, and (somewhat surprisingly) governments launching new destination marketing campaigns for holidays, including to Asia and the Caribbean.

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For my full column, visit Canadian Lawyer: Running a friends-and-family promotion in Canada?  Cruel, Cryptic CASL Strikes Again.

CASL Resources

For more information about contests and CASL, see: Contests and CASL and CASL Compliance Errors.

CASL Checklists and Precedents

For CASL checklists and precedents that we offer for sale, see: CASL Checklists and Precedents.

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CANADIAN 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 to run common types of contests in Canada).  These include 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 or to order, see: Canadian Contest Law Forms/Precedents.  If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.

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SERVICES AND CONTACT

I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.

My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.

For more information about my services see: services

To contact me about a potential legal matter see: contact

For more regulatory law updates follow me on Twitter: @CanadaAttorney

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