Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Marketers often use front-page flashes to announce various types of promotion, ranging from free product offers and voucher collect offers to discounts and money off vouchers, to draw attention to the promotion and attract new readers.
Rule 8.29 states that Publishers announcing reader promotions on the front page or cover must ensure that consumers know whether they are expected to buy subsequent editions of the publication. Major conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover.
Promoters should refer to CAP’s Advertising Guidance on Front-Page Flashes.
Consider the rest of Section 8
Include all major conditions
Which conditions are likely to be considered ‘major,’ and therefore should be included in the ad, will vary depending on the specific promotion. Any conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover. This is likely to include: whether consumers will need to make multiple purchases of the publication; unless obvious, whether or not the promotional item is included with the publication; whether additional costs apply, such as postage and packaging; whether an item is free; any restrictions, such as geographical or personal restrictions; and limitations on availability.
Rule 8.29 states that consumers should know from a front-page flash whether they will have to make multiple purchases of the publication. Examples include token or point collect promotions, where a consumer is expected to collect tokens from multiple editions of a publication to claim an offer. In 2012 the ASA ruled against a marketer’s ad because it stated “FREE DVD Best of the Jubilee celebrations WITH SATURDAY'S Daily Mail", but did not make it clear that consumers would need to collect tokens from multiple issues of the publication in order to claim (Associated Newspapers, 29 August 2012). As well as stating that additional purchases are required, marketers should also clearly state the number publications the consumer would need to buy in order to qualify for the promotion advertised.
The front-page flash should make it clear if the promotional item is included with the publication. A front page flash which stated "£5 OFF SHOPPING AT TESCO WHEN YOU SPEND £40 DETAILS: PAGE XX" was found to be in breach because the ASA considered that consumers would understand that this discount offer was included in the publication and was available only to readers, for example in the form of a money-off coupon, whereas in reality any customer who spent £40 in store would then receive a £5 voucher to use against their next shop. (Express Newspapers t/a Daily Star & Daily Express, 18 July 2012).
Consider the rest of Section 8
Promotions advertised in a front-page flash may also be subject to additional Code rules in Section 8, depending on the type of promotion offered. General advice on the rules in Section 8 can be found in ‘Promotional Marketing: General’.
For example, if offering vouchers for a free item to be collected at a certain store, or offering a free item on collection of multiple vouchers, marketers should have regard to the rules on availability, and the guidance on ‘Promotional Marketing: Availability’, which gives further advice on these rules. The ASA upheld complaints about an ad which appeared on the front page of the Daily Mail. The ad stated, "FREE GIANT JAR OF MARMITE PICK UP FROM ICELAND TODAY", with further text in smaller font which stated, "VOUCHER PAGE 46 500g JAR, SUBJECT TO AVAILABILITY, WHILE STOCKS LAST, TODAY ONLY". The ad breached the Code on multiple grounds; the advertiser did not demonstrate that it had made a reasonable estimate of the likely response or that they were capable of meeting that response (rule 8.10); or that consumers had sufficient information about limited availability, presented clearly and in a timely fashion, to enable them to make an informed decision on whether or not to participate (rule 8.12) (Daily Mail, 07 June 2017).
Describe the offer accurately
Marketers should ensure that the offer is described accurately to the consumer. More guidance on these common problems is outlined in the CAP Advertising Guidance on Front-page Flashes.
There are various types of promotion which are announced on front pages, all of which can raise problems under the terms of the Code. Outlined below are ways of avoiding breaches.
Token collection promotions -
Many promotions require that a series of tokens from the publication be collected over a period of days or weeks. Front page flashes for such offers should avoid the implication that the promotion can be entered by means of purchase of one edition. When multiple purchases are required for participation, statements such as "starts today", "first token inside" or "token 1 page 4" should be used within the flash.
Where token collection schemes continue to be announced on the front page throughout the promotion, it should again be clear that purchase of one newspaper or magazine is not sufficient to participate. Statements such as "continues today" or "this month's/week's/day's token inside" can be used to ensure compliance in these circumstances.
These principles apply to all serial schemes including competitions spread over more than one issue.
Conditional single purchase promotions -
Some promotions require the purchase of only one issue but are dependent upon redemption of the offer from a specific source, i.e. a free burger from a fast food chain, free beer from a specific supermarket or booking a holiday through a named travel agent. If promotional offers can only be redeemed through specific outlets which are not readily accessible to the majority of consumers, this should be made clear on the front page or cover with a statement such as "available from specific outlets", although it is preferable to state the name of the outlet.
If an offer is dependent on the purchase of another product, this should be made clear i.e. "free drink when you purchase a meal.....".
Geographical restrictions -
If readers in some areas cannot participate in a promotion, this fact should, unless otherwise obvious, be made clear on the front page. For example, if Northern Ireland is not included, a statement such as "Free for every reader in Great Britain" should be used. Clearly some outlets may be widely available in the majority of newspapers’ distribution areas but be known to be absent from specific geographical locations.
Personal restrictions -
Some front page flashes imply that offers are available “for every reader”. If offers are restricted to one per household, that restriction should be stated clearly on the front page.
"Free inside" promotions -
Occasionally, front page flashes imply that free goods offered are actually included inside the publication, e.g. "Stamps free inside". If, however, the promotion is a mail-in offer, then an indication of this should appear on the front page. Wording such as "Send away offer” or "Free inside - Stamp offer for readers" will clarify the terms of the offer and avoid breaches of the Code. Where it is obvious that the free item could not be contained within the newspaper e.g. "free hanging flower basket", no further clarification is necessary on the front cover.
Premium rate telephone entry -
Competitions or offers promoted inside newspapers can sometimes require participation by means of a telephone call. Where such calls are premium rate, the necessity of making the call should be made clear on any front page advertising (except in the case of free offers, see below). Wherever the telephone number is displayed, the appropriate call cost information should accompany it.
Where an offer described as free requires a premium rate call to participate, the promoter’s income from the call should not exceed the delivery costs and the maximum cost of the call should be stated. Promoters should not make any profit from consumer participation in promotions described as free.
Promotions involving premium rate numbers may also be subject to the Code administered by the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS).
Front page teasers -
Some front page flashes imply that the promotion starts in that edition, but inside the reader finds only details of when it will commence. This impression should be avoided by use of claims such as "Starts later this week.....Details inside".
This advice is designed to be read in conjunction with the Promotional Marketing section of the CAP Code and the other Promotional Marketing guidance, which can be found in ‘Promotional Marketing: General’.