Version: 2.0
Date: April 09, 2024
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Inquiries and permission requests for commercial use may be directed to:
Queen’s University
Vice-Principal Research
Research, Compliance, Training, and Ethics
chair.greb@queensu.ca, hsreb@queensu.ca
Research Compliance, Training and Ethics
Purpose
The purpose of this guideline is to:
- Provide clear guidance on the use of draws/lotteries for compensating and incentivizing study participants.
Background
Researchers may choose to use draws/lotteries as a form of incentivization for participants’ involvement in a research study. This guidance document is based on the Government of Canada’s Competition Act (R.S.C., 1985, c. C-34), Criminal Code of Canada and PIPEDA .
Draws/lottery considerations
Criminal Code of Canada compliance
To comply with the Criminal Code, make sure that:
- Entry into the draw is open to those who choose not to participate in research activities. In other words: anyone can participate in the draw (and they do not have to complete the research study at all). *REFER to the Draw Template for required language.* The following language MUST be included in your study material re: the draw: “Participation is not required for entry into the draw; to enter without participating in the study, insert information about how to enter the draw without participating.
- All entrants must have an equal chance of winning the prize.
- You can also use a time-limited mathematical question as a condition of entry.
Geographical limitations
This method should only be used if all study participants are in Canada.
If the study includes participants from Quebec, ensure all contest rules, entry methods and advertising are provided in French, to comply with Quebec’s French language laws
International considerations
If you plan to offer the draw to someone in another country, be aware of gaming laws in different jurisdictions. Paying participants outside of Canada can be complex. Contact the Research Ethics Office for guidance if this applies to your study.
Seek U.S. legal advice if the contest will be open to U.S. residents.
PIPEDA and informed consent
When collecting information for incentives, you need informed consent from the individuals whose information you're collecting. The research study's informed consent must specify what information is being collected for the draw and how it will be handled.
Contact information for incentives must be stored separately from research data. Contact information collected for the draw can only be used for that purpose and should be destroyed after the draw.
Social Media Promotion
If you're hosting or promoting a draw on social media, follow the site's terms of use, such as Facebook's Promotion Rules.
Letter of Information/Consent Form
To be compliant with the Competition Act, the Letter of Information provided to all participants in the draw must include the following details:
- The number and value of the prize(s).
- Any regional allocation of the prize(s).
- NOTE: It is your responsibility to ensure you comply with all legislation/institutional policies as applicable.
- NOTE: that Quebec law may prescribe additional requirements where participants reside in that province.
- The chance of winning (for surveys where the number of participants is yet unknown, state, “the odds of winning depend on the number of entries received”).
- Ensure all individuals, regardless of participation, have an equal chance to win the prize(s).
- The contest’s closing date (this may be specific or more general e.g., after completion of all interviews).
- Any other known facts that may affect the chances of winning (e.g., early-bird draws or the awarding of a series of prizes).