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  • Alcohol: Promotional marketing

    • Advice online

    The CAP Code contains specific sections on both promotional marketing and alcohol and while … ensure that they comply with both Section 8 (Promotional Marketing) and Section 18 (Alcohol), their legal … Section 18 (Alcohol) Promotions and Section 8 (Promotional Marketing) and the rest of the Code

  • Promotional marketing: availability

    • Advice online

    ). For further information see  ‘Promotional Marketing: prize Winners' and CAP’s … to be read in conjunction with Section 8 (Promotional marketing) of the CAP Code and … the other relevant guidance. See ‘Promotional marketing: general’ for a list of available guidance.

  • Promotional marketing: competitions

    • Advice online

    competitions only; for advice on running chance-based promotions please see ‘Promotional marketing: prize … draws’ and ‘Promotional marketing: instant wins’. Marketers running … marketing: lotteries’ and ‘Promotional marketing: free-entry routes

  • Promotional marketing: instant wins

    • Advice online

    presented, please see Promotional marketing: terms and conditions.  Many instant-win … marketing section of the CAP Code (Section 8), and additional relevant guidance: Promotionalmarketing: terms and conditions Promotional marketing: scratchcards Promotional marketing: abuse

  • Promotional marketing: General

    • Advice online

    competitions, and charity linked promotions. The promotional marketing rules apply to … . For more information see 'Promotional marketing: Abuse' and ‘Promotional marketing: Changing … children, see ‘Children: Promotional marketing’ and ‘Food: Children’. See

  • Promotional marketing: Lotteries

    • Advice online

    marketing of promotions with prizes, and  Promotional Marketing: Competitions for more information …  to ensure the presentation and mechanism of any free entry route is sufficient. See Promotional marketing: Free entry routes.

  • Children: Promotional marketing

    • Advice online

    rules for promotional marketing. Marketers should ensure that promotional items are suitable for … 5.7). See ‘Promotional marketing: General’, 'Promotional marketing: Terms and

  • Promotional marketing: Closing dates

    • Advice online

    promotional marketing. Is a closing date necessary? Where should a closing date be stated? Can a … promotional marketing must include enough information for consumers to know when the promotion ends. In …  Promotional marketing: terms and conditions for more information. Can a closing date be changed

  • Promotional marketing: Prize winners

    • Advice online

    Midlands Railway, 22 Sept 2021). See also Promotional marketing: Independent judges and observers … Promotional Marketing: Terms and Conditions. It is a promotor’s responsibility to ensure that … to ensure that their promotions do not breach the GDPR. See also Promotional marketing: Prize draws

  • Promotional marketing: Prize draws

    • Advice online

    running an illegal lottery. See Promotional marketing: Lotteries and PromotionalPromotional marketing: Prize draws in social media useful. Types of prize draw Administering the … administrative barriers. See Promotional marketing: Instant wins. The ASA has considered prize draws

  • Promotional marketing: Abuse

    • Advice online

     Promotional marketing: Terms and Conditions (T&Cs), Promotional marketing: Prize winners, and Promotional marketing: Closing dates.

  • Promotional marketing: Scratchcards

    • Advice online

    with each other. See ‘Promotional marketing: Gifts v. prizes’. Do not exaggerate … /a Mediaprom Ltd, 20 May 2009). See ‘Promotional marketing: Implying recipients are luckier … significant conditions attached to their use are stated clearly. See ‘Promotional marketing: Terms

  • Promotional marketing: Front-page flashes

    • Advice online

    Section 8 can be found in ‘Promotional Marketing: General’. For example, if offering … ‘Promotional Marketing: Availability’, which gives further advice on these rules. The ASA … the Promotional Marketing section of the CAP Code and the other Promotional Marketing guidance

  • Promotional marketing: Charity-linked promotions

    • Advice online

    Promotions run by third parties, such as commercial companies, which claim that participation will benefit a registered charity or good cause, are likely to be considered charity-linked promotions. The ASA receives very few complaints about charity-linked promotions, and there are limited examples to demonstrate how the ASA has applied the Code to these promotions in practice; however, the guidance below can be used to support advertisers in ensuring that their charity-linked promotions comply with the Code. Code rules 8.33 and 8.34 set out the requirements marketers must follow when advertising charity-linked promotions. This includes the requirement to include certain information in all promotional marketing, such as: the name of the charity or good cause which will benefit (8.33.1), its nature and objectives (unless obvious) (8.33.2), what will be gained by the named charity or cause (8.33.3), and the basis on which the contribution will be calculated and whether the promoter’s contribution is limited (8.33.4). The rules also state that ads should not exaggerate the benefit to the charity or cause derived from individual purchases of the promoted product (8.33.7). If an ad states that a certain amount will be donated for each purchase, for example “10p per purchase donated to x charity”, marketers should not impose a cut-off point for contributions by consumers. Whilst it is likely to be acceptable for promoters to state a target total in the ad, any extra money collected beyond this target should be given to the named charity or cause on the same basis as contributions below that level (8.33.5). Where a promotion states or implies that part of the price paid for goods or services will be given to a charity or cause, the ad must state the actual amount or percentage of the price that will be paid to the charity or cause. For example, claims like “10p per purchase donated” or “50% of the price of each booking donated” are likely to be acceptable, whereas claims like “we will make a donation for every purchase of this product” will not, unless the ad provides further specific information about the donation amount (8.34). For any other promotion linked to a charity, or where a third-party states or implies that donations will be given to a charity or cause, but does not state an amount per purchase, the promotion must state the total (or a reasonable estimate) of the amount the charity or cause will receive (8.34.1). In addition to specifying the information that should be included in the ads themselves, these rules state which information promoters may be required to provide to consumers if asked, or to the ASA in the event of a complaint. If asked, promoters must tell consumers what the current, or final, contribution is (8.33.8). Marketers should also be able to show that targets set are realistic, and should be able to provide the ASA or CAP with the formal agreement between the promoter and charity or good cause (8.33.1). The ASA considered ads for a prize draw named “Raffleaid” which featured on Instagram and the advertiser’s own website. The ASA considered that the name “Raffleaid” gave the impression that all Raffleaid draws were run with the primary purpose of charitable fundraising. Because this was not the case, the name was likely to mislead. The ads also omitted information about Raffleaid’s charitable contributions, and Raffleaid did not provide evidence of a formal agreement with any charity. Additionally, none of the ads specified exactly what would be gained by the charity, stated the basis on which any contributions to them were calculated or the total (or a reasonable estimate of) the amount that they would receive. The ASA considered the ads omitted information about their charity-linked promotions that was required to be included by the CAP Code (Raffleaid, 12 October 2022). The Code also makes clear that ads should not directly encourage children to buy or exhort children to persuade an adult to buy for them, a product that promotes charitable purposes (8.33.9). See also Children: promotional marketing and Children: general if featuring or addressing children in marketing communications.   Marketers should be aware that, when running a promotion, the rest of section 8 may also apply, in addition to the rules discussed above. We recommend that this guidance is read in conjunction with the following guidance: Promotional marketing: General.  

  • Promotional marketing: Free entry routes

    • Advice online

    Promoters should take legal advice before embarking on promotions with prizes, including competitions, prize draws, instant-win offers and premium promotions, to ensure that the mechanisms involved do not make them illegal lotteries (see the Gambling Act 2005 for Great Britain and the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (as amended) for Northern Ireland). Promoters should consult the Gambling Commission guidance on Free Draws and Competitions, and seek legal advice to ensure the presentation and mechanism of any free entry route is sufficient. What is a free entry route? Do I need a free entry route? How should the free entry route be presented? Don’t confuse entry routes and claiming routes What is a free entry route? The Gambling Commission guidance on Free Draws and Competitions makes clear that a free entry route is any method of entry charged at the normal rate. This means that there can be no additional payment over what it normally costs to use a particular method of communication. Methods of communication which are charged at the normal rate, and therefore are considered free entry routes may include the cost of sending a letter by ordinary post (ordinary first-class or second-class post), the standard cost of a telephone call, or the minimum cost of sending an e-mail or standard SMS text message. Any cost which goes beyond the normal rate, such as the requirement to send something via special delivery, to call a premium rate number or send a premium rate text are likely to be considered unacceptable. Directing participants to a website address where they can enter for free is likely to be considered a free entry route. Do I need a free entry route? Promoters should contact the Gambling Commission or seek legal advice before proceeding with any prize promotions to ensure that they are not running an illegal lottery. CAP understands that lotteries are generally illegal unless licensed by the Gambling Commission or they are a small or private lottery or part of the National Lottery. A prize promotion might be considered an illegal lottery if winner selection is based on chance, and participants are required to pay to enter or to pay for goods at a price that reflects the opportunity to participate. If promotors run a prize draw which has a payment to enter, the promotion must also have a free entry route so that people can choose to take part without paying, otherwise they may be considered illegal lotteries unless licensed by the Gambling Commission. (See Promotional Marketing: Lotteries and Betting and Gaming: Lotteries). Having to buy a product to enter a prize draw is unlikely to be considered a payment to enter, provided the cost of that product has not been changed to reflect the opportunity to participate. Some examples of prices that reflect the opportunity to participate include increasing the price of a promotional pack compared to non-promotional packs before, during or after the prize promotion or reducing the quality or composition of the paid-for product or service during the promotion. Prize competitions are unlikely to need a free entry route, and it is fine to require a payment to enter. A prize competition must require entrants to exercise skill or judgment or to display knowledge, such that it can reasonably be expected to prevent a “significant proportion” of people from participating or from receiving a prize. Advertisers should contact the Gambling Commission or seek legal advice in relation to what constitutes sufficient skill or judgement. How should the free entry route be presented? Code rule 8.17.2 states that any free-entry route should be explained clearly and prominently. Regardless of whether a promoter is required to have a free entry route, or has chosen to do so, information about it is considered a significant condition and should be stated in the initial advertising material(See Promotional marketing: Terms and Conditions). Information about a free entry route should be presented in a way which ensures that those who see the ad and want to participate can see it and should be promoted at the same level as the paid for route. Promoters should consult the Gambling Commission guidance on Free Draws and Competitions, and seek legal advice  to ensure the presentation and mechanism of any free entry route is sufficient. In 2017 the ASA investigated whether an ad for a prize draw which participants could … of the CAP Code (Promotional Marketing), and Advertising Guidance on running promotions with prizes.

  • Promotional marketing: Gifts v. prizes

    • Advice online

    thousands of fun and exciting gifts given away everyday...”. See also Promotional marketing: terms … Promotional marketing: availability. See Use of free. This advice is designed to be read in conjunction … with the Promotional marketing section of the CAP Code and the other entries in this advice section

  • Promotional marketing: Changing ongoing promotions

    • Advice online

    2017). See Promotional marketing: Terms and conditions and Promotional marketing: Abuse for … all ads for promotional marketing, where they apply. Closing dates must not normally be changed, but … advertised or a reasonable equivalent before the promotion begins. See Promotional marketing: Closing

  • Promotional marketing reports and surveys

    • Research / Report / Survey

    A review of promotional marketing (previously ‘sales promotions’) in supermarkets and across the press, looking at whether ads stuck to the rules.

    Our Compliance team undertook a survey in 2008, looking at promotional marketing (previously termed

  • Promotional marketing: subscription offers and free trials

    • Advice online

    included? Where should this information appear? What if my promotional marketing is limited by time and … significant conditions and information see ‘Promotional marketing: terms and conditions and … make significant conditions clear. What if my promotional marketing is limited by time and/or

  • Promotional marketing: Mystery gifts and prizes

    • Advice online

    want to participate. Code rule 8.17 states that all promotional marketing should clearly include … are likely to be considered significant in all types of promotional marketing, including the number … significant conditions. See Promotional Marketing: Terms and Conditions for further