ASA Adjudication on easyJet Airline Co Ltd

Ad

An ad for scratchcards in easyJet’s in-flight magazine stated "Funcards - WIN £20,000 with easyJet today ... There are three limited edition designs exclusive to easyJet to collect. Thousands of other cash prizes are also up for grabs with a 1 in 4.27 chance of winning. With £20,000 to be won … what are you waiting for? Funcards available on all easyJet flights. (Not available on Swiss-based aircraft with flight numbers 1000-2599. No Purchase Necessary)".

Issue

1. A passenger believed the claim "Thousands of other cash prizes are also up for grabs" was misleading, because he understood that smaller prizes were not 'cash' but vouchers redeemable against goods from the easyJet on-board kiosk.

2. The ASA challenged whether there was a "No Purchase Necessary" route as claimed.

CAP Code (Edition 11)

Response

1.  EasyJet explained that the claim "Thousands of other cash prizes are also up for grabs" was intended to convey to participants that thousands of pounds worth of prizes were available although they accepted that that was not completely clear. They said they would review the claim before running similar promotions in future. They submitted details of the nature and number of prizes attached to the scratchcard for the ASAs attention.

2.  EasyJet said there was a "no purchase necessary" route of entry and both the ad and the terms and conditions set out on the front of the scratchcard referred to it. They said the precise method for free entry should have been detailed on the EasyJet website, but acknowledged that that had not been the case. They said they would amend the structure of the promotion to include a more transparent free entry route in future.

Assessment

1.  Upheld

The ASA noted from the evidence submitted that over £300,000 worth of prizes was distributed across more than 200,000 winning scratchcards.  We also noted there was one cash prize of £20,000, four cash prizes of £1,000 and six cash prizes of £500.  The remaining prize values, £20, £10, £5, £2 and £1, were awarded as vouchers to be redeemed on board easyJet flights.

We considered that consumers would understand from the claim "Thousands of other cash prizes are also up for grabs" that, in addition to the first prize of £20,000, there were thousands of other cash prizes.  We considered consumers would have been disappointed to learn that the majority of the prizes were in fact lower value sums awarded as vouchers for use only on-board and concluded that the claim was likely to mislead.

We further noted the CAP Code clarified that promotions should specify clearly before any purchase the minimum number and nature of any prizes and considered that the ad had failed to comply in this regard.  We welcomed easyJet's assurance that they would make amendments before advertising similar promotions.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules) and 34.1e (Significant conditions for promotions - prizes).  

2.  Upheld

We understood that there had been a "no purchase necessary" route and that customers could choose to write in to easyJet with a stamped addressed envelope and receive a scratchcard.  We also understood that easyJet intended to include detail of the 'no purchase necessary' route on their website in future.  We considered, however, that to comply with the Code, the free entry route should have been explained clearly in the ad itself and not just on the website.  

On this point, the ad breached CAP Code clause 34.1a (Significant conditions for promotions - how to participate).

Action

We welcomed easyJet's assurance that they would amend the claim "Thousands of other cash prizes" before issuing similar material and also their intention to explain clearly in future ads any 'no purchase necessary' route.  We advised them to seek guidance from the CAP Copy Advice team for clarification of Code requirements before making the changes.

Adjudication of the ASA Council (Non-broadcast)