Compiling the reviews on our sister blog, PromoWatch, we read a LOT of terms and conditions. Geeky I know, but they are there for a reason. They lay out the terms of engagement, the rules of the game and SHOULD allow consumers to determine if a promotion lives up to its headline. Often terms and conditions are unwieldy, jargony, inconsistent and unfathomable. Indeed, most people don't bother reading them, until they have a problem by which time the damage has already been done.

When we reviewed sales promotion in Italy last summer the most striking element, apart from the beautiful people used in the packaging, was the consistent nature of the terms and conditions. They followed the same template and you knew exactly what was on offer with total transparency. Sadly the same cannot be said for UK Sales Promotions. Here are a few examples of promotional issues we come across - many of which we have seen in the first two weeks of this year alone:

1. No clear link to or non-existant terms and conditions on the website - illegal
2. Displaying out of date terms and conditions for a previous promotion - illegal
3. No explanation of how instant win prizes are allocated - should be illegal
4. No details of exactly what the prize includes - should be illegal
5. No way of determining whether discount offers are available nearby BEFORE participating in the promotion - again this surely should be illegal
6. No obvious channel for customer service queries - ideally a phone number but at worst an email
7. Changing the terms and conditions during the promotion - talk about moving the goalposts. Surely a full risk assessment / worst case scenario should be independently evaluated before a campaign runs

Ultimately the only people who lose out on the above failings is the consumer. Well, we know that it might be a bit like turkeys voting for Christmas but we're going to stick our head above the parapet and formally make our plea to the sales promotion authorities:

We want a universal template for terms and conditions with mandatory legal approval for ALL promotions

There really is no reason in this internet age why the whole process of terms and conditions shouldn't be process driven, strictly regulated with ALL promotions having to use the same master template, the final version of which MUST be pre-approved by a recognised body be it bodies like CAP, IPM, ASA or private companies like PromoVeritas and Enable before a campaign goes live. After all a checklist of the essential elements of sales promotion techniques is taught in the IPM diploma, so, why not take the logical step of creating a framework for terms and conditions which every promoter should adopt? No arguments, no ambiguity and no exceptions.

Template for Sales Promotion Terms and Conditions

Here's a general framework to be going on with:

1. Summary - particularly long terms and conditions

• State type of promotion, e.g. Prize Draw, Instant Win
• How to enter, e.g. unique codes, voucher on pack
• What's on offer - headline and synopsis of runners up
• Value of prizes
• Chances of winning, e.g. 1 in 100K for top prize, 1 in 10 for runners up
• Important dates, validity, redeem by etc

2. Who is eligible to participate, e.g. age, geographical, excluding employees of promoter and their agents
3. What's on offer - if necessary provide details later
4. How to enter / entry requirements
5. Restrictions on entry - no defaced entries, no bulk or automated entries etc
6. How are: winners determined / rewards attributed / winning entries assessed and by who, e.g. independent judges, computer etc
7. Dates for entry, claiming, redeeming, time to fulfil prizes etc to the consumer
8. What is the likelihood of winning the advertised reward
9. Winner notification / publicity
10. Winner details
11. Data protection policy / notification
12. Exact details of what's on offer
13. State whether a cash alternative is available
14. Promoter's name and address
15. Customer Service details if different to details in item 12.
16. Disclaimers - can't be held responsible for injury, loss, damage or negligence as a result of participating in the promotion etc.
17. No correspondence will be entered into and the promoter's decision is final on all matters
18. State who legally approved the terms and conditions and who was responsible for administering the promotion if different to the promoter.

Conclusion
We're sure that there'll be plenty of opposition to our campaign to legalise and formalise sales promotion Ts & Cs from people who have a vested interest in maintaining the status quo. But, ultimately, we're all supposed to be looking after the best interests of consumers first and foremost because, like it or not, successful engagement in sales promotion is built on trust. Terms and Conditions are the only mechanism we have for spelling out the parameters by which all parties participate in a promotion, so it is imperative that they are regulated within a framework which itself instils that trust.