Terms and conditions apply?

21 January 2005

When called upon to defend a flight promotion that it had run on behalf of the wine producer, Ernest and Julio Gallo, promotional agency MKM Marketing & Promotions pointed to the small print which stated “terms & conditions apply” and “all flights are subject to availability”.

The ASA  was investigating complaints concerning press ads and packaging for the promotion, which appeared exclusively in Sainsbury’s stores on six bottle cases of Turning Leaf pinot noir, and were headlined “Free return flight to the USA when you buy this case of wine”. The promotion asked consumers to prioritise their choice of destinations and indicate their preferred travel date, pledging to contact them within 21 days to confirm flight availability and costs.

However, consumers quickly found this catchy offer did not live up to expectations. 33 complainants, none of whom were provided with their chosen flights, challenged the availability of the promotional flights and questioned whether the campaign had been properly administered. In one case, a complainant was told his chosen flights could not be supplied unless he booked accommodation through the promoters, or paid a £100 supplement.

Whilst the ASA Council noted the small print caveats, it ruled that the on-pack terms and conditions were not clear enough and that the promotion breached the CAP Code on several counts. The Code stipulates that advertisers should avoid any communication that is potentially misleading, exaggerated or ambiguous and that promotions should be carried out equitably, promptly and efficiently to avoid unnecessary disappointment.

To help advertisers running promotions with prizes, the Committee of Advertising Practice (CAP) has published a Help Note giving guidance on ensuring that promotions are compliant with the Code, and urges that advertisers contact the CAP Copy Advice team if in any doubt.

Despite the clear rules and Help Notes to accompany them, consumers should be wary of any promotions that sound too good to be true. Advertisers often argue that they cannot satisfy demand because they under-estimated how popular the promotion would prove, as is the case with Ernest & Julio Gallo and Avon Cosmetics last year.

Avon’s high profile gaffe saw many customers disappointed that they could not redeem a free Orange mobile phone when spending £15 or more on skincare products. The ASA upheld complaints about Avon’s promotion and ruled the promoter must take more care when administering future promotions.