ASA Adjudication on Cover Look

Ad

A prize promotion on a photographic studio's website. Text on the first page, entitled "Competition", stated "Please take the time to fill in the form, it only takes a minute and it could change your life ..."; underneath was an entry form for a competition. Text on the second page, entitled "Prize Info", stated "1st Prize Worth Over £3000 ... 2nd Prize Worth Over £550 weekly draws High Fashion Makeover ... 3rd Prize Worth Over £200 weekly draws Fashion Photoshoot ...". Small print at the bottom of both pages stated "All winners will be notified by phone - No cancellation after booking is made however appointments could be rescheduled with 72 hours notice".

Issue

The complainant, whose daughter entered the competition and was informed she had won second prize, challenged whether the promotion was misleading because:

1. her daughter was told she would have to pay to receive her prize; and

2. it did not make clear that there was no cash alternative to the prize.

3. The ASA challenged whether the promotion included the significant terms and conditions.

CAP Code (Edition 11)

Response

1. Cover Look said they took a holding deposit of £30 per person to ensure the client turned up on the day; they said the deposit was refunded to the client on the day of their appointment. They argued that the deposit was clearly mentioned to clients before it was requested; they said details of the deposit were on their second website and maintained that they were given to clients once they had been selected or if they requested to see their website before booking. They said they also normally emailed clients with all the information including details of their second website.

2. Cover Look said there was no cash alternative to the prizes.

3. Cover Look said all the terms and conditions were included in the second website.

Assessment

1. Upheld

The ASA noted Cover Look took a deposit from winners to ensure they attended their appointment. We also noted the second website, that Cover Look maintained they referred clients to once they had been selected for the second or third prize, stated, under the heading "Selected", that a deposit was required for a booking. We considered that it was acceptable for Cover Look to take a fully refundable deposit from winners to ensure they turned up for their appointment. We also considered, however, that the deposit was a significant condition of entry to the promotion and as such should have been made clear to entrants before or at the time of entry. Because details of the deposit were not made clear before or at the time of entry, we concluded that the promotion was misleading.

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

2. Upheld

We noted there was no cash alternative to the prizes. We noted the requirements of the  CAP Code were that prize promotions should state whether or not a cash alternative could be substituted for any prize before or at the time of entry to the promotion. Because the promotion did not make clear, before or at the time of entry, whether or not a cash alternative could be substituted for any prize, we considered that the promotion was misleading.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness) and 35.9 (Sales promotion rules - Other rules for prize promotions).

3. Upheld

We noted Cover Looks second website stated a number of terms and conditions. We also noted, however, the original website for the promotion did not make clear the requirement for a deposit, the closing date for entry to the first prize draw or the closing day for weekly entry to the second and third prize draws, when winners would be notified of results and how and when the results would be announced. We considered that those were significant terms and conditions and should have been made clear to entrants before or at the time of entry.

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

Action

We told Cover Look to ensure they made clear the significant terms and conditions of a promotion including the requirement for a deposit, the closing date for entry, when winners would be notified of results, how and when the results would be announced and whether there was a cash alternative to the prizes.  We advised them to consult the CAP Copy Advice team before running future promotions.

Adjudication of the ASA Council (Non-broadcast)