Ad description
a. An ad for a promotion seen on the back of a Barclays' cashpoint receipt, dispensed on 6 October 2013, was headed "Win a pair of Barclays Premier League match tickets every 90 minutes, every day, until the end of the 2013/2014 season". A unique code was displayed underneath and further text stated "To enter the free draw, text the code above followed by the initials of a Barclays Premier League Club to 68887 or visit Barclays.co.uk/ticketoffice. If your club and code combination is selected you will win a pair of tickets". Small print at the bottom of the ad sated "Terms and conditions apply. Visit Barclays.co.uk/ticketoffice for more details. One win per household per month".
b. The ad was the same as ad (a) except that the receipt had been dispensed on 22 October 2013.
Issue
The complainant, who discovered when they tried to enter that the promotion had ended in September 2013, challenged whether the promotion complied with the Code.
Response
Barclays Bank plc (Barclays) said that for several years they had run a promotion giving participants the opportunity to win match tickets during the Premier League football season. They said it was promoted by their Barclays Ticket Office (BTO) website and on-screen ATM messages. To enter customers had to print a Barclays ATM receipt and submit the unique code from the back of the receipt via SMS or their website. They believed that customers would generally enter straight away rather than retain the receipts to enter later. Winners were drawn randomly each day, averaging one draw every 90 minutes. They said they had initially intended to run the promotion until the end of the 2013/2014 Premier League season but that they took a commercial decision in August 2013 to withdraw the promotion and replace it with a different promotion that would utilise social media channels. They said they wanted to avoid potential confusion when they launched the new promotion. They then undertook an exercise to withdraw the promotion by 25 September. This included removing the on-screen message from ATMs, de-commissioning the BTO website and placing a message stating that the promotion had ended, replacing the pre-printed receipt rolls with blank ones to ensure that customers were not issued with receipts after the end date and communicating with branches and third parties to ensure that the above steps were taken by the deadline. They said that due to IT constraints the on-screen ATM message could not be removed before 26 September, and for this reason they ensured that the promotional receipts were distributed until this date.
They said that the receipts dispensed to the complainant were the result of human error in failing to ensure the rolls were changed as requested. They said they sent a communication to all branches on 11 October, after becoming aware that promotional receipts had been dispensed, to ensure that all such receipt rolls were changed, and that this was followed up on 30 October. They provided copies of correspondence regarding communication with branches and with their supplier to change ATM rolls. They said they regretted that the complainant had been disappointed, but believed that they had taken all reasonable steps to ensure the ATM receipts were replaced.
They said the terms and conditions (T&Cs) of the promotion stated they reserved the right to terminate the promotion at any time without notice, and that these were available on their website and referenced on the receipts. They believed that the purposes of CAP Code rule 8.17.4.e, which prohibited making changes to closing dates unless circumstances outside the reasonable control of the promoter made it unavoidable, was to ensure consumers were not prejudiced by any changes made to closing dates. They said that because draws were made every 90 minutes, rather than at the end of the season, and customers could participate instantly, they did not believe that cancelling the promotion was prejudicial to customers. They said that all customers who had generated a unique code for the competition whilst it was still running were entered into the draw in line with their T&Cs.
Assessment
Upheld
The CAP Code stated that, unless circumstances outside the reasonable control of the promoter make it unavoidable, closing dates must not be changed. The ASA noted the T&Cs for the promotion reserved the right to terminate it at any time without notice. However, we considered Barclays were still obliged to comply with the requirements of the Code. Their decision to cancel the promotion was made for commercial reasons within their control and we therefore considered that cancelling the promotion was a breach of the Code. We also noted that the ads did not state the original closing date for the promotion, which we considered was a significant condition which should have been included.
The CAP Code also required that promoters must avoid causing unnecessary disappointment to participants and potential participants, and that they were responsible for all aspects and stages of their promotions and should ensure they were conducted under proper supervision. Barclays had sent communications to all branches asking the promotional receipt rolls to be changed. We understood that promotional receipts were dispensed up until the promotion's early end date on September 25, because IT constraints meant that the ATM message could not be removed before that date. We therefore understood that customers would have been issued with promotional receipts up until the day on which the promotion could no longer be entered. This meant that unless those customers immediately entered their codes via SMS or the website they would not be able to enter the promotion. Although Barclays believed that most people entered immediately we considered that would not be the case for all entrants. We considered that to avoid causing disappointment Barclays should have considered this issue and taken steps to avoid it, such as allowing a grace period for codes to be entered. We also considered they could have taken additional steps to inform participants and potential participants that the promotion had been cancelled, such as e-mailing regular entrants and advising them to enter their codes by a certain date to ensure they could use their codes. Although we acknowledged that upon being notified that promotional receipts were still being issued after 25 September, Barclays took action to ensure that remaining rolls were removed, we considered that had they allowed a reasonable grace period to enter codes they could have avoided causing disappointment. We therefore concluded that the promotion breached the Code.
The promotion breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification), 8.1 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 8.14 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), 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. .4.a, 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. .4.e and 8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion. (Significant conditions for promotions).
Action
We told Barclays to ensure that their promotions complied with the CAP Code and to take sufficient steps to avoid causing unnecessary disappointment.
CAP Code (Edition 12)
3.1 3.9 8.1 8.14 8.17.4a 8.17.4e 8.18 8.2
