Ad description
A prize promotion on the advertiser’s own website, www.skybreaks.co.uk, seen on 8 August 2022, stated “Enter to WIN! 7 nights free holiday accommodation” and “Fill in your details below”.
Issue
The complainant, who was told over the phone he had won a runners-up prize but that he must pay a fee to claim his prize, challenged whether the promotion breached the Code.
Response
Easy Consulting SL said that the draw, which took place every week or two, resulted in a prize winner, who did not have to pay anything towards their prize, and multiple runners-up, who were offered an option of taking a week of accommodation, with an administration fee of £59, on a non-obligatory purchase basis.
Not every entrant to the promotion was offered a runners-up prize; the number varied depending on the number of entries but was usually between 8 and 15.
Assessment
Upheld
The CAP Code stated that 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 was likely to mislead. Significant conditions included the number and nature of prizes and, if the exact number could not be predetermined, a reasonable estimate of the number and a statement of their nature must be made.
The ASA noted that the ad did not include any information about the runners-up prizes. We considered that was material information which was likely to influence consumers’ decisions and understanding about the promotion, and the omission of that information was likely to mislead.
The CAP Code also stated that promoters must not falsely claim or imply that the consumer had already won, would win or would on doing a particular act win a prize (or other equivalent benefit), if the consumer incurred a cost to claim the prize, or the prize did not exist.
Although the website did not refer to runners-up prizes, we understood that was how they were described to entrants when they were telephoned. Because there was a cost involved in claiming that prize, we concluded that the promotion also breached the Code on that basis.
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:
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
and
8.17.6
8.17.6
Prizes and gifts
Promoters must specify the number and nature of prizes or gifts, if applicable. If the exact number cannot be predetermined, a reasonable estimate of the number and a statement of their nature must be made. Promoters must:
(Significant conditions for promotions) and
8.21.1
8.21.1
Promoters must not falsely claim or imply that the consumer has already won, will win or will on doing a particular act win a prize (or other equivalent benefit) if the consumer must incur a cost to claim the prize (or other equivalent benefit) or if the prize (or other equivalent benefit) does not exist.
(Prize promotions).
Action
The promotion must not be run again in the form complained of. We told Easy Consulting SL to ensure their future promotions included all significant conditions, including information about the number and nature of prizes. We also told them not to falsely claim that consumers had won a prize if they were required to incur a cost to claim the prize.
CAP Code (Edition 12)
8.17 8.17.1 8.17.6 8.21.1 8.17 8.17.1 8.17.6 8.21.1
