Running brand activations and price promotions often appears to be simple, but marketers find themselves in hot water with the ASA again and again.
The CAP Code says that promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Furthermore, promoters must avoid causing unnecessary disappointment.
CAP recently issued a reminder about four top tips to consider when running promotions.
Ads should include “significant” conditions
‘Significant conditions’ are any terms and conditions which are key to a consumer’s understanding of the promotion, so if you don't include them in the ad it would be materially misleading.
Code rule 8.17 sets out a non-exhaustive list of terms which are likely to be considered “significant”, if they apply. This includes things like a closing date, the nature and number of prizes or gifts, unusual entry requirements or particular instructions on claiming a prize once selected as the winner.
You need to signpost other general terms and conditions in your marketing so they’re available to consumers before or at the time of entry.
Don’t promise a prize you can’t deliver
If you’re offering a prize it must be awarded as described, or a reasonable equivalent (see rule 8.15.1).
Be socially responsible
If you are running a promotion, you need take care to make sure that it doesn’t fall foul of the social responsibility rules. Given the time-limited nature of promotions and the generosity of some offers, it may be inappropriate to include certain products or services in this context, such as alcohol. Surgical and other medical or cosmetic procedures could also easily fall into this category.
Hold evidence for any claims made
CAP says that although you are likely to be working with third-parties and will rely on the information that they provide, you’re still ultimately responsible for the content that appears in your promotions. When making claims about what a product can do or what’s included as part of a service or package, you need to be satisfied that the evidence you hold can fully substantiate those claims.
Any images used in ads should also accurately reflect the product being sold. Images that are used for “illustration purposes only” are unlikely to be sufficient.
Consumer law
AS well as all this, promotions should not contain false information about the price and this would include advertising a price promotion for a product that is not in fact available at the advertised price (or discount).
Another example might be giving people loyalty points which have to be spent by a certain date, but can only be redeemed against full prices - but when you receive the points, there is a sale going on which means products are not available at their full prices until after the deadline for redeeming the points.
If you run a price promotion, you need to design it carefully to comply with advertising and consumer regulations.