A website, www.endclothing.com/gb, for clothing retailer End, seen on 27 April 2017, advertised a prize draw for a pair of "Adidas Yeezy Boost 350 V2 Infant - Core White" trainers. Underneath the product description it said "Draw Closes: 29/04/2017 @ 9:00 AM BST" with a link beneath which said "Enter Draw".
The complainant, who understood the winner of the draw had to buy the shoes, challenged whether the promotion breached the Code.
Ashworth and Parker Ltd t/a End said all of the conditions of entry were available to customers prior to taking part in the prize draw. They said all terms and conditions were included in a section on their website called "Help".
End said the ad was the first image consumers saw when they entered the draw, that after they clicked to enter they were told the draw was not for a free prize and they would be charged if selected as a winner.
They said entry would not be accepted until they had read and understood all the terms and conditions and had ticked a box to confirm they did.
The ASA considered that consumers would be likely to expect that the initial entry page for the prize draw contained all significant conditions that applied to the promotion. We also considered that most consumers would interpret a prize draw to refer to a competition where you would be rewarded with a free prize, not an opportunity to buy something.
We noted there was no information in the ad that suggested the draw was for an opportunity to pay for a pair of shoes. While the terms and conditions were available elsewhere on the website and consumers who clicked to enter the draw were told the draw was to pay for the shoes, this was not included in the initial marketing material.
Because End did not make sufficiently clear the significant condition that the promotion was for an opportunity to make a purchase rather than for a free prize, we concluded the ad was misleading and had breached the Code.
The ad breached CAP Code (Edition 12) rules
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:
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).
The promotion must not appear again in the form complained of. We told End to clearly state any significant terms and conditions, including whether there were any costs, in any future promotional marketing.