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Advertiser: Mark Anthony Brands
Medium: Online - Social Media
ASAI Code 7th Edition: 2.4(c), 3.10, 5.5, 5.16, 5.17, 5.18, 5.29, 5.30, 5.31
A post on the advertisers’ UK Facebook page promoted a competition to win tickets to a festival.
The image on the post included the following wording:
“Win the ultimate festival experience
White Claw Hard Seltzer X Luno presents All Points East”
The wording of the post stated:
“Win the ultimate White Claw festival experience!
A pair of tickets to your choice of day at All Points East An exclusive backstage tour
Food & Drinks on us
A White Claw merch bundle
Just let us know in the comments which day you’d love to attend and tag the person you’d go backstage with & make sure you are following @whiteclawuk & All Points East!
Giveaway closes 02/08”
The complainant entered the competition on Facebook and after checking the page the day after the competition closed, noted they were the only person who had commented, therefore, considered they had won. The complainant subsequently sent messages to the advertisers regarding the competition and was advised that the competition also ran on Instagram and that the winner had been chosen from there. The complainant considered that the competition post on Facebook was misleading as it had not stated that the competition was running on several platforms, nor had it included any reference or link to terms and conditions.
The ASAI Executive noted that the post had not included any indication that the competition was restricted to over 18’s or that the prize would only be awarded to over 18’s.
The advertisers stated that the terms and conditions of the competition clearly stated that the method of entry was to enter on Instagram, and they provided a link to their website where the terms and conditions were published.
No comment on this issue was received from the advertisers.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
Issue 1 – Upheld.
The Committee noted that, that the competition post on Facebook had not made reference to any terms and conditions, nor had it stated that the competition was also being run on another platform and that entries were only to be made on that other platform. In the absence of this information the Committee considered that the advertising was in breach of Sections 5.5, and 5.17 of the Code.
Issue 2 - Upheld.
The Committee noted the Code requirement that the terms and conditions for promotions involving alcohol should make it clear that entry is restricted to over 18’s and that prizes will only be awarded to those over 18 (9.9(a) &(b)). The Committee noted that the post had not made reference to, or included, any terms and conditions nor had it stated that the competition and prizes were for over 18’s only. In the absence of such information, the Committee considered that the advertising was in breach of Section 9.9 (a) and (b) of the Code.
The advertising should not appear in its current form.