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ASA Adjudication on DMC Digital Ltd

DMC Digital Ltd t/a dealchecker.co.uk

Dunstan House
14a St Cross Street
London
EC1N 8AX

Date:

5 October 2011

Media:

Internet (sales promotion)

Sector:

Financial

Number of complaints:

1

Complaint Ref:

A11-162815

Ad

An e-mail sales promotion for a travel comparison website, sent in June 2011, was headlined "EARN WITH YOUR BURN!". Text underneath stated "Our Earn with your Burn competition ends this Friday - you know that that means? You better send us your sunburnt snaps quick if you want to be in with a chance of winning a holiday! Email us at likealobster@dealchecker.co.uk". The ad included pictures of people who were either sunburnt or sunbathing.

Issue

The complainant challenged whether the competition was irresponsible, because it encouraged people to burn in the sun.

Response

DMC Digital Ltd (DMC) said the aim of the competition was to be a vehicle to promote sun safety. They said they did not believe the text of the e-mail either condoned or encouraged sunburn explicitly, and when placed in the context of the rest of the competition it was clear that the emphasis was on the danger of overexposure to the sun and the importance of proper care in the sun. They said the main competition prize was a holiday for two, but also included prizes of suncream for the winner and runners up.

DMC explained that the ad was the last of six mailings about the competition, and believed recipients would therefore have been aware of the principles underlying the competition. They said, if recipients were not, the click through link took them to the competition webpage which specifically asked for old sunburn photos and referred to tanning disasters and sunburn nightmares. DMC said they did not want people to risk their skin for the purpose of entering the competition, and were therefore careful throughout the competition to make it clear that they wanted old photos of sunburn.

DMC said throughout the six-week competition period they featured numerous blog posts on sun safety, regularly tweeted sun care tips and engaged in discussion with their users on the necessity of wearing suncream and taking proper precautions against sunburn whilst on holiday. They said the response to the competition through social media channels had been positive, with members of the public submitting their photos with their experience and warnings to others. DMC provided copies of the main competition webpage and examples of their blog posts and social media interactions.

Assessment

Upheld

The ASA noted that DMC intended the competition to promote sun safety and for entrants to send old photos of sunburn, and we acknowledged that the social media interactions and blogs provided by DMC included sun safety messages. We also noted, however, that the e-mail and competition page did not refer to sun safety or ask recipients to send photos of previous sunburn incidents. Notwithstanding that, we noted that the e-mail and competition pages included photos of sunburnt and sunbathing people and that the competition entry e-mail address was “likealobster” and considered that, along with the text “EARN WITH YOUR BURN ... You better send us your sunburnt snaps quick if you want to be in with a chance of winning a holiday!”, the competition could be seen to trivialise sunburn. We therefore considered that the promotion could encourage recipients to get sun burnt in order to be able to enter the competition, and concluded that the competition was irresponsible.

The ad breached CAP Code (Edition 12) rule 1.3 (Social responsibility).

Action

The competition must not appear again in its current form.

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