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Product: Retail (Supermarket)
Medium: Leaflet and Internet (Company Own Website)
ASAI Code 7th Edition: 4.1, 4.9, 4.10, 5.5, 5.15(c), 5.16, 5.17
The advertisement appeared in both leaflet and online form as a Tweet. The Leaflet included a QR code and read: Download Today – Scan here (QR CODE) and get €10 off your shop in-store or online when you spend €30 *
Terms and conditions for the offer were listed below in a smaller font and read: *Once you download the app you will receive a €10 off €30 coupon within 5 days. The coupon is valid until 05/06/2022 in-store and on orders delivered/collected on or before 05/06/2022 at 23:59. Orders must be delivered by the stated end date to qualify. Coupon is for use once in-store or online. Standard coupon T&Cs and exclusions apply. For full details please refer to tesco.ie/groceries/zone/terms-and-conditions
The online version of the advertisement was a Tweet featured on the @TescoIreland Twitter page and read: All the best bits of Tesco, all in one App. Download now for a €10 off €30 coupon * Clicking on this post lead consumers to a webpage on the Tesco Ireland website which prompted the download of the app.
Two complaints were received against the advertisements.
The complainants considered the advertising to be misleading as once they had downloaded the App they did not receive their coupons as advertised.
One complainant explained that they had expected the voucher to be available in the app but on discovering that it was not, was advised that customers had to log in so that the voucher could issue to their email account. The complainant said this information was not stated in the advertising.
The advertisers initially stated that for the coupon to be activated, the customer was required to download and sign into the app. The advertisers provided a copy of the advertising where this direction was visible. They stated that after downloading and signing into the app, the customer would receive their coupon via email. They also provided a link to their terms and conditions where they advised more information could be found.
They said that following the sign-up process, the coupons were emailed to service users.
They also stated that throughout the promotional period, they had been made aware of customers stating they had not received their coupon when they had. They explained that the issue in these cases was that coupons were emailed to customers and occasionally got caught in the customers ‘junk’ inbox. They further stated that as the coupons were shared via email there was a possibility for emails to ‘bounce’ due to factors such as consumers inputting the incorrect email addresses or having a full mailbox resulting in a sent email never delivering to the recipient.
The Advertisers stated that at the beginning of their promotion there had been an internal miscommunication where due to human error the terms and conditions had listed May 31st instead of May 18th as the cut-off date for availing of the offer. They said that as soon as this was realised, on May 27th, the terms and conditions were updated to May 18th on their website.
The advertisers said that to avail of their coupon consumers would have had to download and log into the app by the May 18th, as stated in the terms and conditions. They advised that having done this; a consumer would then have received a coupon valid for use until June 5th. Referring to one of the complainants, they stated that the reason they had not received their coupon was as they had not logged into the App within the specified timeframe and were therefore ineligible for the coupon.
The Complaints Committee considered the detail of the complaints and the advertisers’ response.
The Complaints Committee noted that while terms were stated in the leaflet, there was no indication that that there was a cut-off date to activate the offer. In addition, while the detail of the terms and conditions were available on the website, these initially had the incorrect cut-off date and were amended to the correct date some nine days after the correct cut-off date had passed. The Complaints Committee considered that in the absence of information to the contrary, the advertising implied that vouchers would be delivered directly to the App.
In the circumstances, the Committee considered that the promotion was misleading and in breach of Code Sections 4.9 and 5.15c.
The advertisement must not reappear in its current form.