Judged contest / judging organization (contest/sweepstakes law term).
In Canada, contest sponsors can run contests where winners are selected by chance (e.g., chosen by way of random draw) or skill (e.g., essay or photo contests). In skill-based contests, contest sponsors must provide a mechanism for selecting winners. As such, skill-based contests typically include rules in the long rules relating to the judging of contest finalists, winners or both. Such rules commonly include the criteria required to enter the contest (e.g., format and content of entries), judging criteria (e.g., several factors, such as creativity, originality, etc.) and rules to determine winners in the event of a tie. In practice, contest sponsors in Canada typically provide in the long contest rules for skill contests that judges selected by the sponsor will determine winners (and finalists if required) based on the entry and selection criteria set out in the contest rules, who may determine finalists/winners in their sole discretion and whose decisions are final. There are no federal legal requirements in Canada for contest sponsors to use formal judging or audit companies/organizations, though in some cases contest sponsors elect to do so to make their contests appear more reputable.
Junk fee (advertising/marketing law).
Drip pricing (i.e., advertising an attractive price only to then add additional mandatory charges so that the product is not actually available to purchase at the advertised price) is also sometimes referred to as a “junk fee”. See, for example: Competition Bureau sues Cineplex for allegedly advertising misleading ticket prices. For more information about drip pricing, see: Drip Pricing.
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We are a Toronto based Canadian competition and advertising law firm that helps clients in Toronto, across Canada and the United States 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.
Our 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. We also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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