Promotions can be really exciting – the launch! The prizes! The admin!? Maybe not so much. However, when you’ve invested so much effort into creating an enticing promotion, the last thing you want is to fall foul of the Code.

Here are four important things to remember if you’re thinking of running a promotion.

1. Ads should include “significant” conditions

‘Significant conditions’ are any terms and conditions which are so important to a consumer’s understanding of the promotion that not to include them in the ad would be materially misleading.

Code rule 8.17 gives a non-exhaustive list of conditions which are likely to be considered “significant”, if they apply. This includes things like a closing date, the nature and number of prizes or gifts, unusual entry requirements or particular instructions on claiming a prize once selected as the winner.

Earlier this year, a complaint against an ad promoting vouchers for “Free Dayz Out” was upheld because the ad didn’t include “significant” conditions such as age restrictions on who could participate (in this case, over 18’s only) or that vouchers had to be claimed by a certain date.

Any other general terms and conditions should be clearly signposted in your marketing so they’re available to consumers before or at the time of entry.

2. Don’t promise a prize you can’t deliver

If you’re offering a prize it must be awarded as described, or a reasonable equivalent (8.15.1).

A disappointed prize winner complained to the ASA after winning a “VIP Backstage Experience” at a Festival, only to be told on the day that the artist’s management didn’t want any competition winners backstage. In hindsight, the Festival should not have offered the experience if they could not guarantee it would be fulfilled, and the complaint was upheld.

3. Be socially responsible

Care is needed to ensure that a promotion doesn’t fall foul of the social responsibility rules. Given the time-limited nature of promotions and the generosity of some offers, it may be inappropriate to include certain products or services in this context, such as alcohol.

Surgical and other medical or cosmetic procedures could easily fall into this category. The ASA previously ruled that this voucher, available for only 24 hours, was irresponsible as it pressured consumers into making a decision to purchase cosmetic surgery. 

4. Hold evidence for any claims made

Although you are likely to be working with third-party merchants and will rely on the information that they provide, you’re still ultimately responsible for the content that appears in your promotions. When making claims about what a product can do or what’s included as part of a service or package, you will therefore need to be happy that the evidence you hold can fully substantiate those claims.

So, these hot pants can result in weight loss? You’ll need evidence of that. This face serum can provide a freeze-like effect on face muscles to help reduce the appearance of wrinkles?  You’ll need evidence of that.  You get the idea.

Any images used in ads should also accurately reflect the product being sold. Images that are used for “illustration purposes only” are unlikely to be sufficient. 

Need more?

If you need advice on your own non-broadcast promotional marketing, our Copy Advice team offers bespoke advice and usually respond within 24-hours – for free.  What a bargain!

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More on

• Promotions and competitions
• Misleading
• Packaging and point of sale
• Online, catch-up TV and radio, in-app and in-game
• Mailings, email, phone/fax and messaging
• Cinema
• Poster and other out of home
• Newspapers, magazines and printed materials

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