Online Raffle Laws Canada

Posted By admin On 17/07/22

Hollywood.com, LLC Digital Millennium Copyright Act (“DMCA”) Policy

Introduction
This policy implements the procedures set forth in 17 U.S.C. §512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of the Company to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.

All proceeds of the raffle are donated to a non-profit organization. As mentioned before, gift cards are always a taxable benefit, no matter the reason why they are given. Also, in your example, you mentioned that the raffle is open to employees only. That is another reason why the prize would be a taxable benefit.

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  • Certain special awards require round-trip travel and immigration laws in some locations require proof of onward or return travel. One-Way awards can be combined to create a round trip or multi-city trip. For each one-way flight award redeemed for travel within the United States and Canada, a maximum of three segments are permitted.

Designated Agent
The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Greg Sica
2255 Glades Road, Suite 221A
Boca Raton, FL 33431

Email: violations contact form (this email address is only for copyright infringement claims – you will not receive a reply if the matter is not a copyright issue): legal@hollywood.com

When we receive proper notification of claimed infringement, the Company will follow the procedures outlined herein and in the DMCA.

Complaint Notice Procedures for Copyright Owners

The following elements must be included in your copyright infringement complaint notice:

1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or works claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, including an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
5. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you do not include all of the above information, it may invalidate your notification or cause a delay of the processing of the DMCA notification.

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Please note that, under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please also note that the information provided in your notification to us may be forwarded to the person who provided the allegedly infringing content.

Company reserves the right to publish Claimant information on the site in place of disabled content.

Notice and Take down Procedure
Procedure: It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by the Company in the Company’s sole and absolute discretion.

The Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Repeat Infringers
It is Company’s policy to permanently cancel the privileges and authorizations, in appropriate circumstances, of repeat copyright infringers.

Accommodation of Standard Technical Measures
It is Company policy to accommodate, and not interfere with, standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.

Electronic Raffles: Licensing

This page is intended to help those applying to run an electronic raffle. Suppliers interested in becoming registered with the AGCO should refer to Charitable Gaming: Suppliers.

The Registrar has put in place an Electronic Raffle Regulatory Framework that allows eligible charitable or religious organizations to be licensed to conduct and manage electronic raffles in Ontario.

Electronic raffles refer to the use of computers for the sale of tickets, the selection of winners and the distribution of prizes in a licensed charity raffle.

For information on the Electronic Raffle Regulatory Framework, please view Information Bulletin No. 89

If you have applied for an electronic raffle in the past, please move down to step 3.

Before your raffle

Determining Eligibility for a Charitable Gaming Licence

The licensing authority you are applying to will determine whether or not your organization is eligible. Charitable registration with Canada Revenue Agency or incorporation as a non-profit organization does not guarantee eligibility for a licence.

Your organization may be eligible for a charitable gaming licence if it provides charitable services to Ontario residents in one or more of the following areas:

  • relieves poverty,
  • advances education,
  • advances religion,
  • benefits the community,
  • has carried out activities consistent with its charitable purpose for at least one year,
  • is located in Ontario,
  • is non-profit.

Organizations that only promote the private interests of their members do not qualify for a lottery licence. This may include, but is not limited to:

  • Adult recreation or sports
  • Individual sport teams
  • Unions or employee groups
  • Social clubs
  • Professional associations
  • Political, government, lobbying or advocacy groups

To determine eligibility please include with your application, a copy of each document noted below, that pertains to your charity or foundation:

  • Letters patent
  • By-laws
  • Constitution
  • Charter
  • Trust deed
  • Memorandum/articles of association, signed as required
  • Canada Revenue Notification of Registration Letter - If your organization is registered
  • Detailed outline of programs/services - What they are, how they are delivered to clients, specific costs, supporting materials, etc
  • Current operating budget
  • Verified financial statements for the last fiscal year
  • List of Board of Directors with contact information
  • Annual updated List of Board of Directors
  • Changes to governing documents and Canada Revenue status - Includes amendments, supplements, reinstatements, revocations, dissolutions, etc
  • Annual verified financial statements, (see Raffle Licence Terms and Conditions, reporting requirements)

If you believe your charity is eligible based on the above information, please continue to step one. If you need more clarification, please contact the AGCO: 416-326-8700 or toll free 1-800-522-2876.

Step 1: Initial Raffle Planning

Details to consider as you are planning your raffle:

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  • Raffle Location(s):

    • Where will the raffle be held?

    • How many days will the raffle run?

    • What type of raffle will I run?

    • What are the prize(s)?

  • Technical solution
    • Will raffle tickets be sold online, in person or both?
    • Has my electronic raffle solution been reviewed and approved by the AGCO?
    • How will prizes be distributed?

Step 2: Review Applicable Terms and Conditions

Please ensure that you read and understand the applicable Terms and Conditions before submitting your application to the AGCO. Terms and Conditions that electronic raffle licensees must comply with include:

Step 3: Application for an Electronic Raffle Licence

Before completing a licence application on iAGCO, please refer to the Raffle Application Requirements for Lottery Licenses Issued by the Registrar of Alcohol and Gaming.

The AGCO requires a minimum of six-weeks to complete the application process for a licence.

The following is a list of the documentation that is required to support your application for an electronic raffle licence. The AGCO may ask you to provide additional information.

  • Copy of municipal notification; you must notify the local municipality in writing of your intent to apply for an electronic raffle licence and provide a copy of that written notification to the AGCO with your application
  • Rules of Play for the electronic raffle
  • Ticket Sample
  • List of scheduled events
  • Venue floor plan outlining where tickets are to be sold
  • Irrevocable standby letter of credit made payable to the Minister of Finance for fixed prize draws over $10,000. Exceptions include electronic 50/50 draws which do not require a letter of credit unless requested by the licensing authority.
  • Outstanding raffle licence financial reports (See Raffle Licence Terms and Conditions reporting requirements)
  • Outstanding financial reports for other charitable gaming events
  • Charities developing their own raffle sales platform will be subject to review and approval by the AGCO’s Technical and Laboratory Services. Please use this Electronic Raffle Solution Review Form to submit your proposed solution for assessment.

TheAGCO requires a minimum two-week written notice for application amendments. AGCO approval is required for application amendments.

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Note the use of net proceeds on your application by listing the specific projects or items for which funds will be used. They must fall within your organization’s objects or purposes as outlined in your governing documents. Do not include your mission statement or charitable purpose.

Expired licenses may not be amended or cancelled. If you make changes to your licence application package before you submit it to the licensing authority, each change must be initialed, on each document, by the licence application signers and other signers of that document. Submit changes to your licence application package in writing on your organization’s letterhead, signed by the licence application signers; include supporting documents that are affected.

Step 4: Paying your Licence Fee

The licence fee for electronic raffle licences is one per cent of the total prize board.

All payments must be made online through iAGCO by Interac (Visa, MasterCard, Visa Debit or MasterCard Debit). Payments of $30,000 or more must be made by money wire transfer or electronic funds transfer.

Cheques and cash are not accepted.

Step 5: Executing the Raffle

The AGCO has developed a checklist for running a successful electronic raffle as well as the video posted to the top of this page.

The licensee is required to notify the Registrar through iAGCO of any issues encountered during the raffle. For more information, view this video on How to Submit Post-Event and Incident Reports.

AGCO Compliance Officials require access to verify your raffle and review your licence requirements, including:

Online
  • Ensuring that your electronic raffle licence is available to the public
  • Raffle operators are knowledgeable of the Terms and Conditions (Step 2)
  • Electronic raffle system (solution) has been approved by the AGCO
  • Your AGCO-approved Rules of Play are made available to all ticket purchasers
  • Ticket sales open and close according to the lottery licence
  • Any advertising and marketing material meets all AGCO requirements
  • Draw results are confirmed
  • You are not selling to minors under 18 years of age
  • Raffle personnel are knowledgeable of how to direct customers to problem gambling services in Ontario at ConnexOntario

After your raffle

Step 6: Raffle Wrap-up

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Once the raffle is complete, the licensee is required to submit the following reports through the regulatory submissions and notifications function in iAGCO:
1. Post-event reporting
2. Notifications

For more information, view the Regulatory Submissions video.

The following documents must accompany the financial report:

  • Copies of all deposit slips related to the event
  • A list of winners
  • Report of any compliance issues using the post event compliance report.

Please note:

  • The financial report must be filled within 30-days of the date of the last draw. The licensing authority may request additional documents including receipts for expenses incurred.
  • The licensee must indicate any prizes which have been donated on the financial report. Do not deduct the value of the donated prizes from the gross receipts.
  • Where requested, the licensee must provide an audited financial statement to the licensing authority within 120 days of the request, or such other time limit as may be imposed by the licensing authority.
  • Report the use of net proceeds to the AGCO.
  • Ensure all proceeds go into the lottery trust account.