Promoters are responsible for all aspects and all stages of their promotions, and must not cause unnecessary disappointment or give consumers justifiable grounds for complaint. The ASA received 57 Complaints about a prize draw from complainants who had been sent an email informing them that they had won the promotional prize, but were later told that the email had been sent to them in error. Whilst the ASA acknowledged the promoter’s explanation that the problem was caused by a technical issue, because the promoter had claimed consumers had won a prize when they had not, they considered that the promoter had given consumers justifiable grounds for complaint, and that the promotion had not been administered in accordance with the CAP Code ( TheHut.com Ltd t/a Zavvi, 02 October 2019 ). Rule 8.17 of the CAP Code states that all marketing communications, or other material referring to promotions, must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. The ASA has generally interpreted this as meaning that significant information and conditions should be stated in the initial marketing material ( Ashworth and Parker Ltd t/a END, 30 August 2017 ). When offering a free trial, ads must make clear if customers are automatically enrolled into a subscription service, and must include all other significant information. Complaints about an ad for free access to an online course were upheld by the ASA, because there was no information in the ads which made clear that the free four-week access was a limited trial period, or that, by signing up to the four-week free access period, customers were entering into a subscription ( Shaw Academy Pvt Ltd, 07 July 2021 ). All promotional terms and conditions must be easily accessed throughout the promotion, in a form retainable by entrants.
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