Ad description
A direct mailing, for a price draw, stated on the front of the envelope "LETTER TO A WINNER* 1st Prize at stake to be released to Grand Winner: £11,500.00". The asterisk led to text that stated "*Correct reply required * WINNING FILE for a Certified Cheque". On the back of the envelope text stated "IMPORTANT If the address on this letter is incorrect, please return this envelope to us immediately, indicating the reason for non-delivery. This is an URGENT, PRIORITY WINNING LETTER*". The asterisk linked to text stating "*Correct reply required".
Inside a letter stated "ADMINISTRATIVE DOCUMENT ... Main subject: Delivery of £11,500.00 by Bank Cheque ... Today is no ordinary day, for you or for us. In fact, THANKS TO YOUR UNIQUE NOTIFICATION NUMBER SELECTED FOR THIS DRAW ... I'm pleased to inform you that, over night, you have become one of our lucky winners!* All the information given in this officially published administrative document is the best indisputable proof of this: 1. YES, you really have won a CERTIFIED CHEQUE!* IT'S AN ABSOLUTE GUARANTEE FOR YOU. 2. Also, in accordance with my Manager's instructions, I am required to send you the unique final Bank Cheque for £11,500.00 for your benefit only ... once you send me the Official Prize Slip winning it, in accordance with the Independent Supervisor's report and with your name on it, AS SOON AS POSSIBLE. You can cash and enjoy this Bank Cheque for £11,500.00 as you wish. It's official! ... The sooner we get your correct reply the sooner you will receive your CERTIFIED CHEQUE!". The asterisk linked to text stating "*Correct reply required".
Another document stated "ADMINISTRATIVE DOCUMENT ... Confirmed Status in this draw: WINNER* You must get your Official Prize Slip in your name registered as soon as possible to receive the Cheque you have won.* ... The cheque for £11,500.00 is due to you as of right after your personal number has been drawn at random! ... Payment Guarantee. At the request of the General management, the awarding of the cheque for £11,500.00, of which I'm informing you personally in this letter, has been placed under the authority of an Independent Supervisor. So you can be sure that the CHEQUE will definitely be sent! ... Sign the back of your card then place it in the designated space on your Official Prize Slip in your name, which must also be completed to enter. WINNER* Placing an order is simply compulsory to benefit from Priority Processing. If you place a single order, you can ensure your winning* documentation benefits from Priority Processing. If applicable it's also the best way of being certain of receiving the Bank Cheque for £11,500.00 as soon as possible ...". The asterisk linked to text stating "*Correct reply required".
A page headed "OFFICIAL CERTIFICATE" stated "1 ... Pending status: BIG WINNER Unique amount to be paid by Bank Cheque: £11,500.00 Unique Notification No: [number] Congratulations! Official payment of 1st Prize by: BANK CHEQUE ... If the Official Prize Slip declared the winner is returned in the set time and in accordance with the current rules, the following conclusions will be authorised and confirmed: This time, it's for real, I can confirm, in this case, that you REALLY are the BIG Winner of the signed BANK CHEQUE for £11,500.00! It will be sent to you at your address by registered letter. This is our firm and final undertaking. Therefore, on receipt of your Official Prize Slip winning the 1st prize along with all the elements required in the set time, the Bank Cheque for £11,500.00 for your exclusive benefit will legitimately be sent to you within 48 hours ...".
A further document stated "OFFICIAL PRIZE SLIP FORM TO BE FILLED IN AND SIGNED FOR THE DELIVERY OF THE CERTIFIED CHEQUE Valid as separate prize entry document. £11,500.00 Unique amount to be paid by Bank Cheque. PRIZE ACCESS CARD AFFUIX YOUR CARD CLAIMING ACCESS TO THE £11,500.00 PRIZE HERE ... YES, I claim the CHEQUE I have won and therefore answer the following question: Q: What type of food is a banana? ... I am also placing an order from your catalogue, so I can benefit from Priority Processing of my winning documentation ...".
Issue
A recipient challenged whether the mailing misleadingly implied that she had won the £11,500 prize.
Response
Shopping Alliance Ltd explained that in addition to the prize draw promotion the mailing included a gift catalogue of gifts, but an order from the catalogue was not compulsory to enter the prize draw. Each recipient had the same chance to win the main prize whether or not they placed an order. They said each recipient was allocated a unique entry number, one of which was drawn as the winning first prize of £11,500. The holder of the winning number would be awarded the first prize provided the Official Prize Slip was filled in and returned by the deadline. Shopping Alliance said that in addition each participant had the chance to win a secondary prize of a £2 voucher towards gifts from the catalogue if the Official Prize Slip question was answered correctly.
Shopping Alliance said the £11,500 prize was referred to as the "1st prize" throughout the mailing in order to make clear that other prizes were available as well. They pointed out that each time the recipient was referred to as a "winner" there was an asterisk that led to text explaining "*Correct reply required", which they believed made clear that the recipient needed to give the correct reply to the prize draw question to receive the prize. They said all the available prizes were mentioned in the terms and conditions, which were printed on the back the Official Prize Slip and all entrants were required to sign that they were aware of the terms and conditions when entering the draw. They believed the prize draw promotion did not mislead recipients about their chance to win the main prize.
Assessment
Upheld
The ASA noted the mailing envelope stated "LETTER TO A WINNER" and the contents referred to the recipient variously as "WINNER", "you REALLY are the BIG WINNER of the signed BANK CHEQUE", "you really have won a CERTIFIED CHEQUE!", "Main subject: Delivery of £11,500.00 by Bank Cheque", "BANK CHEQUE for £11,500.00! It will be sent to you at your address by registered post" and "Confirmed status in this draw WINNER", which we considered gave the impression that the recipient had the unique winning number and won the £11,500 prize. We noted an asterisk linked from the claims to text stating "*Correct reply required", but considered that recipients would understand the claim to mean that in order for them to receive the prize they had to correctly answer the question on the Official Prize Slip. We noted the claim "you have become one of our lucky winners", but considered that in the context of the other claims in the mailing it was not sufficient to remove the overall impression that the recipient had won the main prize.
We understood that all recipients returning the Official Prize Slip with the correct answer would receive a £2 discount voucher off future purchases, but noted that was not stated anywhere in the mailing, other than in the terms and conditions where the voucher was referred to as a "certified cheque". We considered that it was unclear from the mailing that claims, such as "you really have won a CERTIFIED CHEQUE!", "to receive the cheque you have won" and "I claim the CHEQUE I have won", referred to the discount voucher and not the cheque for the £11,500 prize.
We considered that the overall impression of the mailing was that the recipient had won the £11,500 prize, which would be theirs on answering a simple question, and because that was not the case, we concluded that the mailing was misleading.
The mailing breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 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 8.19 8.19 Promoters must not claim that consumers have won a prize if they have not. The distinction between prizes and gifts, or equivalent benefits, must always be clear. Ordinarily, consumers may expect an item offered to a significant proportion of participants to be described as a ‘gift’, while an item offered to a small minority may be more likely to be described as a ‘prize’. If a promotion offers a gift to a significant proportion and a prize to a minority, special care is needed to avoid confusing the two: the promotion must, for example, state clearly that consumers “qualify” for the gift but have merely an opportunity to win the prize. If a promotion includes, in a list of prizes, a gift for which consumers have qualified, the promoter must distinguish clearly between the two. 8.20 8.20 Promoters must not exaggerate consumers' chances of winning prizes. They must not include a consumer who has been awarded a gift in a list of prize winners. 8.21 8.21 Promoters must not claim or imply that consumers are luckier than they are. They must not use terms such as "finalist" or "final stage" in a way that implies that consumers have progressed, by chance or skill, to an advanced stage of a promotion if they have not. and 8.21.1 8.21.1 Promoters must not falsely claim or imply that the consumer has already won, will win or will on doing a particular act win a prize (or other equivalent benefit) if the consumer must incur a cost to claim the prize (or other equivalent benefit) or if the prize (or other equivalent benefit) does not exist. (Prize promotions).
Action
The mailing must not appear again in its current form. We told Shopping Alliance Ltd to ensure that mailings for future promotions do not claim that recipients have won the main prize if they have not.
CAP Code (Edition 12)
3.1 8.1 8.19 8.2 8.20 8.21 8.21.1
