Ad description
A competition on a social networking site, by a cake manufacturer, posted on 2 November 2011, stated "WIN A 21ST BIRTHDAY CAKE(HD) WORTH £400!! (Terms & Conditions Apply) YOUR OWN BESPOKE DESIGN! 1. Like our Facebook Page and post why you should win? 2. Ask 21 of your friends to like our page and comment on your post stating why you should win. 3. Winner will be selected by David Duncan on the 15th of November 2011 ... Terms & Conditions: 1. The 21st Birthday must be between Jan-Dec 2012 2. The prize is for a HD 21st Birthday Cake worth £400 (Bespoke design) 3. Closing date for entry 14/11/11".
Issue
The complainant challenged whether the competition was misleading, because the terms and conditions did not state that a delivery charge of £140 was applicable to the winner.
Response
3D Cakes said that delivery was not mentioned in the competition at all and that the competition was to win a cake and the prize could be collected at no charge. They said their website stated that delivery was an optional extra and that could be found under every cake on their online galleries.
Assessment
Upheld
The ASA noted delivery was not mentioned in the competition and therefore we considered the ad implied that delivery would be free. We acknowledged that 3D Cakes said the prize could be collected at no charge; however, we noted that the competition was open to entrants throughout the UK. We also noted that 3D Cakes said their website stated that delivery was an optional extra but we considered that consumers would not be aware that those charges would need to be paid by the competition winner. We understood from the complainant that the cost of delivery for the winner had been £140. We considered the potentially substantial cost of delivery to be a significant condition likely to affect the consumer's decision to enter the competition. We therefore considered that that should have been stated clearly in the main body of the ad. Because the ad did not make clear that the winner must pay delivery costs, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.20
3.20
Marketing communications that state prices must also state applicable delivery, freight or postal charges or, if those cannot reasonably be calculated in advance, state that such charges are payable.
(Prices),
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),
8.14
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) 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 3D Cakes to ensure delivery costs were clearly stated.
