he advertisers’ website offered the following:
“Free memory card when you buy a GoPro
Buy an action camcorder or waterproof camera*"
The Advertisement featured a picture of a GoPro Hero3+ camera together with a Lexar memory card and stated:
"= 1 free memory card. with the codes Photocarteie& camsportie
*To redeem this offer:
1. Ad the SD card to your basket,
2. choose an action camcorder or waterproof camera and add it to your basket.
3. confirm your order.
4. On the order summary page, enter the discount code to redeem the offer. Photocarteie for the camera and memory card or camsportie for the action camcorder and memory card.
*offer applies to selected items sold by Pixmania only, until 06/03. While stocks last."
The complainant said that he purchased a GoPro camera and entered the promotional code given but the website would not accept the code and therefore he did not receive the free memory card. He was given various reasons by the advertisers why he did not qualify for the free memory card but he considered that he had complied with the requirements set out in the offer and that the advertising was misleading.
The advertisers asked for the complainant’s details to enable them to investigate the complaint. The complainant agreed to his identity being disclosed but the advertisers did not provide any further comments in response to the complaint.
The Complaints Committee considered the detail of the complaint and expressed their concerns at the advertisers’ failure to respond in detail to the complaint. They reminded them that there was an onus on all advertisers to demonstrate that their advertising was in conformity with the Code. In the absence of a further response from the advertisers the Committee upheld the complaint under Section 2.7, 2.22, 2.24 and 3.12 of the Code.
The advertisement must not run in its current form again. The Committee also advised the advertisers that when conducting future promotions to ensure that promotional goods offered in their advertisements are made available to consumers when they partake in such offers.