Background

Summary of Council decision:

Seven issues were investigated, all of which were Upheld.

Ad description

A website, www.Liverpool-Kop.com, and a Facebook post promoted a competition:

a. An entry on www.Liverpool-Kop.com, posted on 7 January 2013, was titled "£50 Prize Winner! Liverpool-Kop.com's top poster of 2012 revealed". Text stated "I wish I could reward all the site's regular posters, but alas, it's just not feasible. Going forward, there will, however, be a prize/s at the end of each month for top commentators on the site (though it should be noted that it's not just about quantity, so posting endless one-line posts to pad your comment count will not work!)".

b. An entry on the Liverpool-Kop Facebook page, posted 29 December 2012, stated "On 1st January, the site's most prolific poster for 2012 will be revealed, and rewarded with a £50 Amazon voucher. Also, from 2013, there will be prizes for each month's top poster".

Issue

One complainant challenged whether the ads were in breach of the Code, because:

1. the start and closing dates for the 2013 competition(s) were not stated;

2. details on how an individual could participate were not clearly explained;

3. the promoter's full name and contact address were not stated;

4. the significant conditions which applied to the competition were not stated or made available;

5. an independent judge was not appointed;

6. the number and nature of the prizes were not specified; and

7. the criteria for judging entries was not clearly explained.

Response

1–7.

Liverpool-Kop.com (LK) did not provide a formal response to the complaint. During a phone conversation, LK stated that the entry on Liverpool-Kop.com was no longer "live". In addition, LK said the posts had nothing to do with advertising as he was an individual running a website, and had simply decided to reward his commentators with an informal system of prizes.

Assessment

1–7. Upheld

The ASA acknowledged LK's concern that the posts were not within the ASA's remit. We understood, however, that both entries promoted a series of competitions throughout 2013 whereby the site's top poster(s) could win a prize or prizes. We therefore understood that the ads were part of a sales promotion and were within our remit.

In addition, whilst we noted LK's assertion that ad (a) was no longer "live", we understood it could still be accessed via Google and therefore had not been removed.

We noted that ad (a) stated that each month the "top commentators" would be rewarded with "a prize/s" and that commentators would be judged not only according to the number of posts they had made on the site, but on the quality of those posts. Similarly, the Facebook ad simply stated that prizes would be awarded for the "top poster". We therefore considered that neither post included the material information consumers would need to understand how to participate in the 2013 competitions, how many winners there would be, how they would be judged and selected, and the prize(s) they would win. In addition, we noted that neither post, nor the Liverpool-Kop site included the promoter's full name or contact address. We therefore concluded that the ads were in breach of the Code.

The promotion breached CAP Code (Edition 12) rules  8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions.    8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.    8.17 8.17 All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:    8.17.1 8.17.1 How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
   8.17.4 8.17.4 Closing date
   8.17.6 8.17.6 Prizes and gifts
Promoters must specify the number and nature of prizes or gifts, if applicable. If the exact number cannot be predetermined, a reasonable estimate of the number and a statement of their nature must be made. Promoters must:
   8.17.9 8.17.9 Promoter's name and address
Unless it is obvious from the context or if entry into an advertised promotion is only through a dedicated website containing that information in an easily found format, the promoter's full name and correspondence address must be stated.
 and  8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion.  (Sales promotions),  8.26 8.26 In competitions, if the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member must be appointed. In either case, the judge or panel member must be demonstrably independent, especially from the competition's promoters and intermediaries and from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges should be competent to judge the competition and their full names must be made available on request.    8.28 8.28 Participants must be able to retain conditions or easily access them throughout the promotion. In addition to rule  8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions.  , prize promotions must specify on all marketing communications or other material referring to them, the following information, clearly before or at the time of entry, where the omission of any of the specified items is likely to mislead.    8.28.4 8.28.4 how and when winners will be notified of results  and  8.28.6 8.28.6 in a competition, the criteria and mechanism for judging entries (for example, the most apt and original tiebreaker)  (Prize promotions).

Action

The ads must not appear again in their current form. We told LK to ensure in future his promotions were compliant with the CAP Code, and that consumers were aware of all the significant conditions which applied to a promotion, how they could enter and how their contribution would be judged.

CAP Code (Edition 12)

8.1     8.17     8.17.1     8.17.4     8.17.6     8.17.9     8.18     8.2     8.26     8.28     8.28.4     8.28.6    


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