Promotions on elitecompetitions.co.uk, seen in January and May 2019, each offered the opportunity to win a car. The first offered consumers the opportunity to select a number between 1 and 1250, at a cost of £30 a ticket. The second offered the opportunity to select a number between 1 and 475 at a cost of £11 each. Both stated at the bottom of the page, “see terms and conditions for free entry method”.
The CAP Code stated that any free entry route should be explained clearly and prominently. The ASA noted that both ads stated “See below for free entry method” near the top of the page. At the very bottom of ad (a), text stated, “To Enter For Free See Terms & Conditions”. Ad (b) also stated “see terms and conditions for free entry method” towards the bottom of the page. We considered that an explanation of the free entry route was likely to be material to consumers, and that the method of entering for free was a significant condition to the promotion, which should have been stated prominently. However, it was only stated within a long series of terms and conditions on a separate page, and we did not consider that including information on the free entry route in the terms and conditions was sufficiently prominent. We therefore concluded that both ads were misleading and breached the Code.
The ad must not appear again in the same form. We told Hydro Solutions Fylde Ltd t/a Elite Competitions to ensure that free entry routes were explained clearly and prominently.