Ad description
The website www.rockyfroggy.com/UK, seen on 17 August 2015, stated “Get the latest iPhone 6 …”. A large roundel included the wording “For just £1” and smaller text beneath stated “Play to win the new iPhone 6”.
Issue
The complainant challenged whether the headline “Get the latest iPhone 6 ... For just £1" was misleading because it was not clear that consumers were entered into a prize draw to win an iPhone 6.
Response
Westeros Ltd t/a Rockyfroggy.com said they had updated their advertising and were working with their affiliate networks to ensure any similar ads were changed.
Assessment
Upheld
The ASA noted that the headline claim “Get the latest iPhone 6” was accompanied with a prominent roundel that stated “For just £1” and this was followed with smaller text that stated “Play to win the new iPhone 6”. We considered that the statements, presented together, were ambiguous and contradictory and likely, therefore to be unclear to consumers as to the nature of the promotion. We noted that the ad included small print that stated “How can I win the iPhone 6? … Everyone who subscribes is participating to win the iPhone 6 … We select a winner for the iPhone 6 every 500 participants”. However, while that text clarified that the ad had not offered an opportunity to purchase the iPhone, that wording should have been in the main body of the ad. We therefore considered that it added further ambiguity because the prominent features of the promotion omitted to state the necessity to undertake an ongoing subscription to Rockyfroggy. Therefore we considered that the small print did not clarify the nature of the offer. Because the offer was presented in an unclear and ambiguous manner, we considered the claim “Get the latest iPhone 6 … For just £1” had omitted significant conditions and other major factors reasonably likely to influence a consumer’s decision and understanding about the promotion and therefore breached the Code.
The ad breached CAP Code (Edition 12) rules
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification),
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),
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:
and
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
(Significant conditions for promotions).
Action
The ad must not appear again in its current form. We told Westeros Ltd t/a Rockyfroggy.com to ensure the nature of their promotions were clear and that qualifications clarified rather than contradicted the offer.
