Ad description
A promotion which appeared on a packet of crisps offered the chance to "WIN THE ULTIMATE TREAT ... PLUS 100s of other prizes". Text at the bottom of the front of the packet stated, "Instant win prizes open on 16.02.15 and end 31.08.15 ... See back of pack for details". Text on the back of the packet stated, "For your chance to win … simply: 1) Visit www.kettletreats.co.uk and enter the code found on this pack 2) Find out instantly if you have won a prize 3) Plus you will also automatically be entered into the draw to win the ultimate holiday".
Issue
The complainant, who visited the website and found that entrants were required to register before entering the code from the packet, challenged whether the promotion was misleading and had breached the Code.
Response
Kettle Foods Ltd explained that unique codes were printed on the packet, along with text directing consumers to the Kettle Chips website. The first time they visited the website, consumers would have to register and provide the following information: full name, postal address, telephone number, email address, date of birth and a chosen password which could then be used for subsequent visits. They could then enter the code from the packet to find out if they had won a prize.
They said, for Republic of Ireland consumers, there was a no purchase necessary route. Those consumers were provided with a 'mastercode' on registration that allowed a maximum of one entry per day without purchase. They said they were required by law to provide a free entry route for those consumers, and that the registration stage was designed to enable those consumers to be directed to an alternative page where they were provided with the code to enter for free. They said that in past promotions where the registration process was not involved, entrants were required to click one of two buttons indicating whether they lived in the ROI or the UK. That meant that several entrants had clicked the wrong button, and had incorrectly been taken down the free entry route. They had therefore decided to ask for the full postal address up front.
They believed the information that entrants were required to provide was not overly burdensome and did not take much time to enter, and said that the very next screen the entrant was taken to was one where they could enter the code to find out if they had won a prize. They therefore did not believe it was an administrative barrier. They also said that it was likely that consumers would enter the promotion more than once. They said for those entrants, the process for finding out whether they had won a prize would easily justify the description of 'instant win'.
Assessment
Upheld
The CAP Code stated that participants in instant-win promotions must get their winnings at once or must know immediately what they have won and how to claim without delay, cost or administrative barriers. The ASA noted that the front of the packet stated that there were "instant win prizes". However, we understood that consumers were required to visit a website and enter a code in order to find out if they had won, which meant that they would not find out instantly. We also noted Kettle Foods' belief that consumers were likely to enter more than once, but considered that the personal information required of entrants on the first visit constituted an administrative barrier, which the Code prohibited for instant win promotions. Given the above, the promotion should not have referred to "instant win prizes".
We noted that the back of the packet made clear that consumers were required to enter a code on the website. However, we considered that the text suggested that simply entering the code from the packet would be sufficient to find out whether an entrant had won a prize, which was not the case, because entrants were required to register and provide personal information before entering the code. We considered that the requirement to register and enter personal details was significant information about how to participate, and that its omission was likely to mislead consumers about the promotion.
Because the promotion referred to "instant win prizes" but included delays and an administrative barrier, and because it misleadingly implied that consumers would find out if they had won simply by visiting a website and entering a code, we concluded that the promotion had breached the Code.
The promotion breached CAP Code (Edition 12) rules
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions) and
8.25
8.25
Participants in instant-win promotions must get their winnings at once or must know immediately what they have won and how to claim without delay, cost or administrative barriers. Instant-win tickets, tokens or numbers must be awarded on a fair and random basis and verification must take the form of an independently audited statement that all prizes have been distributed, or made available for distribution, in that manner.
(Prize promotions).
Action
The promotion must not appear again in its current form. We told Kettle Foods Ltd not to refer to "instant win prizes" where administrative barriers or delays existed to winners claiming their winnings. We also told them to ensure that they did not mislead by omitting significant conditions or information from promotions.
