ASA Adjudication on Express Newspapers plc

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A national press promotion, for a garden-pot radio, ran over six days in the Sunday Express and Daily Express. The first reference to the promotion, in the Sunday Express, was headed "FREE Alan Titchmarsh garden-pot radio - worth £12.99 - for every reader". Below, it stated "The Sunday Express has teamed up with Sugarbowl Gifts to offer you the chance to claim this delightful Alan Titchmarsh garden-pot radio ...". Further down the page, under the heading "HOW TO CLAIM", it stated "Simply collect five differently-dated tokens from those we will be printing in the Daily and Sunday Express until Friday, June 22, 2007. Please note, one of the five tokens must be from the Sunday Express in order to claim this offer. Then simply attach your tokens to the coupon (right) and take along to your nearest WHSmith store by Friday, June 22 ... This offer is subject to availability; postal applications cannot be accepted ...". The stages published over the next three days also stated "WORTH £12.99 FOR EVERY READER". The reference to the promotion published on Thursday 21 June was headed "FREE Alan Titchmarsh garden radio WORTH £12.99". Below, it stated "Please note this promotion has been hugely popular so some WHSmith stores have already run out of stock. Please be aware of this before travelling to your nearest store. This offer is subject to availability and there will be no further supplies once a store has distributed its stock ... Post applications are not accepted ...". The final stage published on Friday 22 June stated "Please note this promotion has been hugely popular and now ALL WHSmith stores have run out of stock. We are therefore offering you an alternative way to claim your radio - see below for full details." Below, it stated "... attach your tokens to the coupon (left) complete it with your name and address and send to the address shown by Wednesday June 27, 2007. Please note that this offer is subject to availability". Text at the bottom of the coupon stated "We cannot guarantee that all applicants will receive a free radio - this offer is strictly subject to availability on a first-come, first-served basis".

Issue

1. A reader said that she was told by her local WHSmith store that they had been allocated 50 radios and that they were the only store in Northern Ireland participating in the promotion. She believed the promotion was misleading.

The ASA challenged:

2. whether the promotion had been administered properly to avoid disappointing consumers; and

3. whether the claim "For every reader" was misleading given the limited availability of the radio.

CAP Code (Edition 11)

Response

Express Newspapers said they had estimated demand based on previous redemption offers and on the number of the Daily Express newspapers sold through WHSmith. They said, in order to control the take up, the promotion required tokens to be collected from both the Sunday Express and the Daily Express. They explained that collecting tokens from the Sunday Express was not a condition they usually required for this type of offer and believed it would significantly reduce the take up. They said the allocation of radios to stores was based on average sales of the Daily Express at each store.

Express Newspapers said the promotion was very popular and some stores ran out of stock. They said, when they became aware of the situation, they advised WHSmith to tell readers to ring the Daily Express directly or the number printed in the paper, at which point readers were advised to send in their tokens by post and a radio would be sent to them at no extra cost. Express Newspapers said they sent over 7,000 radios in this way.

Assessment

1. Not upheld

The ASA noted there was only one participating store in Northern Ireland but we also noted the promotion stated clearly that the tokens were redeemable only at WHSmith stores, excluding WHSmith hospital, airport, underground, railway station and motorway service shops. We were concerned that the complainant was not advised to contact the newspaper to obtain a radio when supplies ran out, but we considered that the figures supplied by Express Newspapers showed they had made a reasonable estimate of the likely response to the offer in the Northern Ireland store.

On this point, we investigated the promotion under CAP Code clauses 7.1 (Truthfulness), 16.1 (Availability), 30.1 and 30.2 (Promotions availability) and 31.1 (Promotions administration) but did not find it in breach.

2. Not Upheld

We considered figures supplied by Express Newspapers had shown that they made a reasonable estimate of the likely response to the offer. We accepted that when Express Newspapers became aware that there was a shortage of radios because demand exceeded their expectations, they provided an alternative way for readers to claim a radio. We noted they advised participating stores to tell readers to contact the newspaper directly and they printed details on how to claim a radio by post. We concluded that, because Express Newspapers had made an initial reasonable estimate of likely response and then provided an alternative method to claim a radio in order to avoid disappointing readers, the promotion was administered properly.

On this point, we investigated the promotion under CAP Code clauses 7.1 (Truthfulness), 16.1 (Availability), 30.1 and 30.2 (Promotions availability) and 31.1 (Promotions administration) but did not find it in breach.

3. Not upheld

We noted that, although the promotions stated that the offer was subject to availability, Express Newspapers were able to supply radios to all readers who collected them from WHSmith or contacted the newspaper directly.

On this point, we investigated the promotion under CAP Code clauses 7.1 (Truthfulness), 16.1 (Availability), 30.1 and 30.2 (Promotions availability) and 31.1 (Promotions administration) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)