87 result(s)

Active filters

  • Resource library resource
  • Promotional marketing: instant wins

    • AdviceOnline

    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: Closing dates

    • AdviceOnline

    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 draws

    • AdviceOnline

    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: Prize winners

    • AdviceOnline

    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 … clearly announced that a winner had been selected. See also Promotional marketing: Prize draws

  • Promotional marketing: Abuse

    • AdviceOnline

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

  • Promotional marketing: Availability

    • AdviceOnline

    ). 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

    • AdviceOnline

    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: General

    • AdviceOnline

    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

    • AdviceOnline

    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.

  • Alcohol: Promotional marketing

    • AdviceOnline

    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

  • Children: Promotional marketing

    • AdviceOnline

    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: Scratchcards

    • AdviceOnline

    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: Changing ongoing promotions

    • AdviceOnline

    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: Free entry routes

    • AdviceOnline

    Promotional Marketing: Lotteries and Betting and Gaming: Lotteries). Having to buy a product to … material(See Promotional marketing: Terms and Conditions). Information about a free entry route … conjunction with Section 8 of the CAP Code (Promotional Marketing), and Advertising Guidance on running promotions with prizes.

  • Promotional marketing: Gifts v. prizes

    • AdviceOnline

    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: Charity-linked promotions

    • AdviceOnline

    in all promotional marketing, such as: the name of the charity or good cause which will … also Children: promotional marketing and Children: general if featuring or addressing children in … guidance is read in conjunction with the following guidance: Promotional marketing: General.  

  • Promotional marketing: Front-page flashes

    • AdviceOnline

    Marketers often use front-page flashes to announce various types of promotion, ranging from free product offers and voucher collect offers to discounts and money off vouchers, to draw attention to the promotion and attract new readers. Rule 8.29 states that Publishers announcing reader promotions on the front page or cover must ensure that consumers know whether they are expected to buy subsequent editions of the publication. Major conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover. Promoters should refer to CAP’s Advertising Guidance on Front-Page Flashes. Include all major conditions Describe the offer accurately Consider the rest of Section 8 Include all major conditions Which conditions are likely to be considered ‘major,’ and therefore should be included in the ad, will vary depending on the specific promotion. Any conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover. This is likely to include: whether consumers will need to make multiple purchases of the publication; unless obvious, whether or not the promotional item is included with the publication; whether additional costs apply, such as postage and packaging; whether an item is free; any restrictions, such as geographical or personal restrictions; and limitations on availability. Rule 8.29 states that consumers should know from a front-page flash whether they will have to make multiple purchases of the publication. Examples include token or point collect promotions, where a consumer is expected to collect tokens from multiple editions of a publication to claim an offer. In 2012 the ASA ruled against a marketer’s ad because it stated “FREE DVD Best of the Jubilee celebrations WITH SATURDAY'S Daily Mail", but did not make it clear that consumers would need to collect tokens from multiple issues of the publication in order to claim (Associated Newspapers, 29 August 2012). As well as stating that additional purchases are required, marketers should also clearly state the number publications the consumer would need to buy in order to qualify for the promotion advertised. The front-page flash should make it clear if the promotional item is included with the publication. A front page flash which stated "£5 OFF SHOPPING AT TESCO WHEN YOU SPEND £40 DETAILS: PAGE XX" was found to be in breach because the ASA considered that consumers would understand that this discount offer was included in the publication and was available only to readers, for example in the form of a money-off coupon, whereas in reality any customer who spent £40 in store would then receive a £5 voucher to use against their next shop. (Express Newspapers t/a Daily Star & Daily Express, 18 July 2012). Describe the offer accurately Marketers should ensure that the offer is described accurately to the consumer. More guidance on these common problems is outlined in the CAP Advertising Guidance on Front-page Flashes. Consider the rest of Section 8 Promotions advertised in a front-page flash may also be subject to additional Code rules in Section 8, depending on the type of promotion offered. General advice on the rules in Section 8 can be found in ‘Promotional Marketing: General’. For example, if offering vouchers for a free item to be collected at a certain store, or offering a free item on collection of multiple vouchers, marketers should have regard to the rules on availability, and the guidance on ‘Promotional Marketing: Availability’, which gives further advice on these rules. The ASA upheld complaints about an ad which appeared on the front page of the Daily Mail. The ad stated, "FREE GIANT JAR OF MARMITE PICK UP FROM ICELAND TODAY", with further text in smaller font which stated, "VOUCHER PAGE 46 500g JAR, SUBJECT TO AVAILABILITY, WHILE STOCKS LAST, TODAY ONLY". The ad breached the Code on multiple grounds; the advertiser did not demonstrate that it had made a reasonable estimate of the likely response or that they were capable of meeting that response (rule 8.10); or that consumers had sufficient information about limited availability, presented clearly and in a timely fashion, to enable them to make an informed decision on whether or not to participate (rule 8.12) (Daily Mail, 07 June 2017). This advice is designed to be read in conjunction with the Promotional Marketing section of the CAP Code and the other Promotional Marketing … be found in ‘Promotional Marketing: General’.

  • 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: Mystery gifts and prizes

    • AdviceOnline

    Promoters sometimes run promotions offering mystery gifts or prizes, and whilst it is fine to have an element of mystery about a prize or gift, ads must include enough information about the nature of the prize or gift to ensure that consumers have enough information to establish whether or not they want to participate. Code rule 8.17 states that all promotional marketing should clearly include all significant conditions upfront in the initial marketing material.  Significant conditions are those which are likely to affect a consumers understanding of the promotion and their decision on whether or not to participate.  Rule 8.17 provides examples of the types of conditions which are likely to be considered significant in all types of promotional marketing, including the number and nature of prizes or gifts (8.17.6). As such, whilst it may be acceptable to offer a mystery gift or prize, the ad must include an indication about the nature and number of those prizes or gifts.  This information will differ depending on the prize or gift offered,  but is likely to include an indication of value and the nature of the item, such as a voucher or product from a particular brand. If the mystery gift or prize has any restrictions or limitations, such as time restrictions which restrict when the prize or gift can be used or claimed, or restrictions on where it is valid, this information will also be considered significant, and must be stated in the ad.  A promotion offering a weekend away in a mystery European city, for example, must state any validity restrictions, make clear who is eligible to win the prize, and state what is included or excluded, for example, flights and accommodation only. Marketers should ensure that the ad includes all other significant conditions. See Promotional Marketing: Terms and Conditions for further information. Promoters must not claim that consumers have won a prize if they have not, and the distinction between prizes and gifts, or equivalent benefits, must always be clear (Code rule 8.19). For more guidance on the difference between prizes and gifts see Promotional Marketing: Gifts v Prizes. This advice is designed to be read in conjunction with the Promotional Marketing section of the CAP Code and CAP’s Advertising Guidance on the marketing of promotions with prizes.  

  • Promotional marketing: High value prize promotions

    • AdviceOnline

    The CAP Copy Advice team advises that promoters seek expert legal advice to ensure that the mechanisms involved do not make any promotion an unlawful lottery. (See Promotional Marketing: Lotteries). Many prize draws or competitions offer high value prizes, and sometimes the prize advertised is only awarded if the promotion reaches a certain number of paid entries. The ASA has investigated multiple ads for this type of promotion, and have found multiple potential issues with running promotions in this way. Some promotions were found to be in breach of the Code rules for changing closing dates or other terms and conditions, withholding the prize advertised or offering a significantly lower value cash prize, and omitting significant conditions. Award the prize described, or a reasonable equivalent Include a closing date and think before changing it Consider whether you need to include a free entry route  Don’t mislead by omitting significant conditions  Take care with other terms and conditions and ensure they’re accessible Award the prize described, or a reasonable equivalent Code rule 8.15.1 states that promotors must award prizes as described in the ad, or a reasonable equivalent. In order to be considered a reasonable equivalent, an alternative prize should be of the same nature and value as the prize advertised. The ASA has seen multiple ads for promotions which offer a high value prize, but do not award the prize described and instead award a cash prize of a significantly lower value than the advertised prize. A prize is likely to be considered a reasonable equivalent if it is similar in nature and value to the prize advertised. It may be acceptable to offer a cash prize if the advertised prize cannot be awarded, however, the cash prize should be of equal value to the prize advertised. It is unlikely to be considered acceptable to award a cash prize of a significantly lower value than the advertised prize. In 2019 the ASA considered complaints about ads for a promotion which offered a house worth £3 million as a first prize, and an Aston Martin as a runner up prize. Neither the house nor the Aston Martin were awarded, and instead a cash prize of £110,070 was awarded to the winner. The ASA considered that this was not a reasonable equivalent to a £3m house. Whilst the promoters stated that the prize was not awarded because the competition did not receive enough paid for entries, the ASA considered this a breach of rule 8.15.1, and complaints about the promotion were upheld (Win a Mega Home Ltd, 19 June 2019 (This ruling concerns property being offered as a prize, and promotions which do so are likely to be subject to legislation. Advertisers should seek legal advice and read the AdviceOnline library entry on ‘Win a house’ promotions before offering property as a prize). Include a closing date and think before changing it A closing date is likely to be considered a significant condition, and Rule 8.17.4.a states that ads should include a prominent closing date in all promotional marketing unless it is not needed. Code rule 8.17.4.e states that closing dates should not be changed unless unavoidable circumstances beyond the control of the promoter make it necessary, and either not to change the date would be unfair to those who sought to participate within the original terms, or those who sought to participate within the original terms would not be disadvantaged by the change. The ASA will assess whether circumstances are unavoidable and are beyond the control of the advertiser on a case by case basis. The ASA upheld a complaint about multiple competitions advertised on the same website, in which the prizes would only be awarded if a set number of allocated tickets were sold. They considered that, as the competitions could be open for a number of years before all the tickets were sold the lack of clarity about the prospective length of the competition and lack of information about the number of tickets that had been sold meant that the absence of a closing date disadvantaged consumers, by preventing them from making an informed decision about whether or not to purchase a ticket.  As the competitions did not have set, individual closing dates, the ASA considered that information which explained how the competition was run and when competitions would theoretically close should have been included (I Can Have It Ltd, 25 July 2018 … Northern Ireland or the Channel Islands. See Promotional Marketing: Free-entry Routes and …  Promotional Marketing: Lotteries. Don’t mislead by omitting significant conditions Code