Ad description
A competition on www.uk.tlc.com offered entrants the opportunity to "Win a holiday for 4 to Mallorca!"
Issue
The complainant, who complained via the Institute of Promotional Marketing, challenged whether the competition had been administered fairly because, although the prize included "Return flights for 4 people (2 adults and 2 children (under 18))", the terms and conditions stated that the holiday could not be taken during any school holidays.
Response
Discovery Communications Europe Ltd (Discovery) stated that the competition was not directed at families, but instead any range of four people, and that there was no reference made to families in the competition wording. They acknowledged that the terms and conditions did refer to the "TLC Family Summer Holiday Competition" and stated that the accommodation was based on two adults and two children (under 18) sharing a family apartment, and therefore implied that the prize was a family holiday. They maintained, however, that the prize was not exclusively for families, and would accommodate a young group, where at least one member of the group was over the age of 21, as specified by the terms and conditions.
They also highlighted that the terms and conditions clearly stated "the Prize must be taken and the trip completed between [14/08/13] and [14/08/14]. Travel will be subject to availability and blackout periods determined by Promoter or the travel service provider in its sole discretion and excludes Christmas, New Year, Valentines, Easter, School Holidays, Thanks giving and Bank Holidays (both UK and USA)". They therefore considered that consumers would be aware of those terms and that the promotion was not misleading and had not been unfairly handled.
Assessment
Upheld
The ASA noted Discovery's comment that there was no reference to families in the competition wording. We noted, however, that text promoting the competition stated "Here at TLC we're celebrating Summer and to get you in the mood we're sharing our summer love by giving lucky viewers the chance to win a fantastic sunny week for four in the beautiful Isle of Mallorca! ... With its super wide bay edged with soft golden sand shelving gently into clear water making it the perfect haven for children to play safely", and considered that most readers would interpret those claims to mean the prize was intended, and suitable, for families with children of all ages, including younger children who would require supervision. We also noted that the terms and conditions explicitly referred to "TLC Family Summer Holiday Competition" and specified that the prize included flights for two adults and two children, below the age of 18. Therefore, although we acknowledged that the prize could legitimately be won by a group of young people who were no longer within compulsory education, we considered that most readers would believe the competition was targeted at families and expect that the prize could be taken during school holidays. Because we considered the promotion was targeted at families and the terms and conditions prohibited the winning family from taking the holiday unless they removed their children from school during term time, we concluded that the promotion was administered unfairly and 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. and 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. (Sales promotions) and 8.14 8.14 Promoters must ensure that their promotions are conducted under proper supervision and make adequate resources available to administer them. Promoters, agencies and intermediaries should not give consumers justifiable grounds for complaint. (Administration).
Action
The promotion must not appear again in its current form. We told Discovery not to state or imply that a holiday was suitable for a family, unless that holiday was available during the school holidays.
