ASA Adjudication on Premier Data Logistics ltd

Ad

A leaflet was headlined "WIN A luxury holiday for 4 people to the Algarve. Inclusive of flights + €1000 spending money". Accompanying text stated "THANK YOU FOR TAKING PART IN OUR HOLIDAY SURVEY. YOU WILL BE ENTERED INTO OUR PRIZE DRAW TO WIN A LUXURY HOLIDAY FOR FOUR PEOPLE TO THE ALGARVE. YOU COULD ALSO BE SELECTED TO RECEIVE A FANTASTIC LUXURY HOLIDAY AWARD INCLUDING FLIGHTS." Text at the bottom of the leaflet stated "2minutedDraw.com" and "Algarve Tourist Survey 2008". Terms and Conditions on the leaflet stated "The closing date is 31st August 2008... The draw will take place within 15 days of the closing date. The winners will be selected at random by computer...".

Issue

1. The complainant, who entered the draw and was told he had won, believed the ad was misleading because he was also told that in order to claim the holiday, he had to attend presentations on time-share facilities and the leaflet did not make that clear.

2. The ASA, who noted the complainant had been told that he had won the holiday prize before the closing date stated on the leaflet, challenged whether the closing date was genuine and whether the stated selection of winners at random by computer 15 days after the closing date was misleading.

CAP Code (Edition 11)

Response

1. Premier Data Logistics Ltd (PDL) said the holiday award the complainant had been offered was additional to the prize draw holiday, which had not yet been awarded.

2. PDL said that on this particular promotion, the closing date was 31 August 2008. They said the winner, therefore, had yet to be selected. They said the winner would be selected at random, as had been done on many previous prize draws. They believed the complainant had confused the prize on offer (not yet awarded) and a holiday award that had also been offered to the same participant which was entirely separate from the draw machines and eligibility.

PDL attached a copy of the script for telephone calls to those who completed the holiday survey and entered the prize draw, which they said demonstrated the offer of a separate gift holiday to entrants.

Club La Costa said they accepted that in this particular promotion the main prize was similar in description to the holiday award offered. They said the prize draw promotion was withdrawn in June and would not appear again in this form. They said, however, the draw would still take place after the August closing date for those who had entered.

Assessment

1. Upheld

We noted the leaflet mentioned two possible holiday awards, stating "YOU WILL BE ENTERED INTO OUR PRIZE DRAW TO WIN A LUXURY HOLIDAY FOR 4 PEOPLE TO THE ALGARVE. YOU COULD ALSO BE SELECTED TO RECEIVE A FANTASTIC LUXURY HOLIDAY AWARD INCLUDING FLIGHTS". We also noted the telephone call script supplied by the advertiser stated "... as a thank you for taking part in our holiday survey I am pleased to announce that you have been awarded a 7 night luxury holiday for 4 people courtesy of our sponsors Club La Costa." However, we considered the ad did not make the difference between the  gift holiday with conditions attached that was offered to entrants on completion of the survey and the prize draw holiday to be awarded after the August closing date sufficiently clear. Because of this, and because the ad did not make clear that the gift holiday offered to entrants was attached to the significant condition of attendance at presentations regarding time-share facilities, we concluded the ad could mislead.

On this point the ad breached CAP Code clauses 7.1 (Truthfulness) 27.4 and 35.1 (Promotions).

2. Not upheld

We noted the closing date for entry into the prize draw was stated on the ad as 31 August 2008 and accepted that PDL had not yet awarded the prize draw holiday, which was different from the conditional gift holidays offered to participants on completion of the survey. We were satisfied that the closing date for the prize draw was genuine.

On this point we investigated the ad under CAP Code clauses 34.1 and 35.7(Promotions) but did not find it in breach.

Action

The ad should not appear again in its current form. We told PDL and Club La Costa to ensure the difference between major prizes offered to the lucky few and gifts with significant conditions offered to most or all participants was clear in their future promotions.

Adjudication of the ASA Council (Non-broadcast)