Ad description
The product packaging for Heinz Beanz, seen on 2 August 2023, featured a promotion. Text on the front of the tin stated “FREE DAYZ OUT WITH EVERY PACK”. Text on the back of the tin stated “We could tell you that our Beanz are hard to beat […] Instead, we would like to offer you a day out on us […] Claim your voucher on dayout.heinz.co.uk T&Cs apply”. Next to that was a graphic of a ticket stub with a QR code and text that stated “SCAN TO CLAIM YOUR REWARD HEINZ DAYZ OUT”.
Issue
The complainant challenged whether the ad omitted the significant conditions of the promotion.
Response
HJ Heinz Foods UK Ltd t/a Heinz said their “Free Dayz Out” promotion was advertised on a number of Heinz products between 28 June 2023 and 31 October 2023. The promotion offered consumers who purchased a relevant product the opportunity to apply for a variety of free events and activities. They said the promotional products were all sold within approximately two months of being placed on sale.
Heinz said the ad contained clear instructions on how to enter the promotion. As it was significantly limited by space, it directed consumers to an easily accessible alternative source which contained all significant terms and conditions. Scanning the quick-response code (QR code) or following the web address on-pack took consumers to a form that could be completed to redeem entry to the events and activities. To submit the form, consumers had to tick a box confirming they had read the promotion’s terms and conditions. Consumers also had to enter a batch code from the bottom of the tin; no proof of purchase was required. They said the promotion’s significant terms and conditions were below the form and stated “UK, 18+. Opens 28 June 2023. Claim voucher by 31st October 2023. Use voucher by 31st December 2023, unless otherwise stated. One claim per product purchased. Maximum of two claims per person per day”. They said that due to limited space available on the ad it was appropriate to make the terms and conditions of the promotion available on the website.
Assessment
Upheld
The CAP Code stated that promotions must communicate all applicable significant conditions where their omission was likely to mislead. Significant conditions may, depending on the circumstances, include information about how to participate and a closing date.
The ASA understood that only consumers aged 18 years and over could participate in the promotion; promotional vouchers had to be claimed by 31 October 2023; only one claim could be made per product purchased; and that consumers could only make two claims per day each. We considered those were significant conditions which were likely to affect consumers’ understanding of the promotion and their decision to participate. We therefore considered their omission was likely to mislead.
The CAP Code also stated that marketing communications that included a promotion and which were significantly limited by space must include as much information about significant conditions as practicable.
The ad did not include any of the above significant conditions of the promotion. However, we considered the ad was not sufficiently limited by time or space to justify their omission. We therefore concluded the ad had breached the Code.
The ad breached CAP Code (Edition 12) rules 8.1 (Promotional marketing), 8.17, 8.17.1, 8.17.4, 8.17.4.a, 8.17.7, and 8.18 (Significant conditions for promotions).
Action
The ad must not appear again in the form complained of. We told HJ Heinz Foods UK Ltd t/a Heinz to ensure that their future marketing communications included all significant conditions where the omissions of such conditions was likely to mislead.
CAP Code (Edition 12)
8.1 8.17 8.17.1 8.17.4 8.17.7 8.18 8.17.4.A
