Advertisment
The advertisement which featured a rear and side view of a white car referred to the following:
“Members only car draw”
The advertisement also stated:
“The draw is open to all members of Castleblayney Credit Union aged 18 years and over, subject to payment of the relevant draw fee.
“All our participating members stand a chance to win this amazing prize. All you have to do is complete a Car Draw form and return it to us in the office.”
Under the heading ‘How to Enter” it stated:
“Members can come into our office and complete the entry form or download the form from here.” {link provided}.”
Complaint
The complainant raised two issues with the advertisement.
Issue 1
The complainant said that it was misleading to advertise the draw as a “Car draw” as there was no car available to those who won the draw.
Issue 2
The complainant said that the advertisement did not appear to state how many draws would take place or the cost of entry to the draw.
Response
The advertisers said that the draw had been running since 2007 and they were committed to complying to ASAI Standards. They said information on the draw was detailed on their website and the application forms were explicitly included as a link for download or could be obtained in their office. They considered that the application form clearly outlined all aspects of the draw and to be clearly written.
Issue 1
The advertisers said that the car draw prize provided funds towards the cost of a new car, this was to include their members with disabilities i.e. those with visual impairments, wheelchair users etc. They said the application form referred to the fact that per application form “Each winner will receive €16,000 towards the purchase of a new car.”
Issue 2
The advertisers said that the cost of entering the draw was clearly referenced in the application form and referenced the fact that per application form “The entrance fee of €60 per annum per member will be deducted in advance from savings or as defined from time to time by the Board of Directors.”
The advertisers said that the application form also referred to the fact “At least 4 car draws will take place per year.”
The advertisers said they had absolutely no intention to create any ambiguity or misleading anyone in relation to the draw and they placed a strong emphasis on transparency. In this regard they said the draw took place on social media with the winners being announced.
In conclusion the advertisers said they made no financial gain from the draw. It was a self-funding draw by the entrants with all entrance funds being returned as prizes. Their members continued to express a strong interest in the draw and that is why they continued to facilitate it.
Conclusion
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
Issue 1 – Upheld
The Complaints Committee noted that the advertisement had stated that the draw was available to participating members of the Credit Union. They also noted that the draw had been referred to as a “Car draw” when the prize was money that could be put towards a car. As the draw had been referred to as a ‘Car Draw’ when the prize was money, the Committee concluded that the advertising was misleading and in breach of Code Sections 4.1, 4.4, 4.9, 4.10 and 5.16.
Issue 2 – Not Upheld
The Committee noted that information on the cost of entering the draw alongside the number of draws to be held each year was made available on the application form. They did not consider that this element of the complaint was in breach of the requirements of the Code.
ACTION REQUIRED:
The advertising should not be published in the same format again.
