Widgets Mosaic Marketing | Sales Promotion Agency | Terms and Conditions

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Richmond Hill Farm, Chiselhampton


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Terms and Conditions

Promotion Terms and Conditions lay out the terms of engagement; the rules of the game; the contract between consumer and promoter. They SHOULD allow consumers to determine if a promotion lives up to its headline. In reality, 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.

These days the Committee of Advertising Practice does a good job of documenting promotional law (through the CAP Code) so that marketers have no excuse for non-compliance but, regardless, here are a few examples of promotional issues we come across in recent campaigns:

  1. No clear link to or non-existent 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 Displaying out of date terms and conditions for a previous promotion - illegal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 - 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

Ultimately the only people who lose out on this type of failing is the consumer. We highly recommend that brands and marketers seek professional advice on their promotion BEFORE it goes live which is reflected in unambiguous, clear and fair terms and conditions. Enforcing consumer complaints is now under the remit of the Advertising Standards Authority (ASA).

Here is a great start-point for any Sales Promotion Agency looking for a generic Terms and Conditions template:

  1. Summary - for particularly long terms and conditions to include:
    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 the promoter and their agents

  3. What's on offer - if necessary provide more details of prizes 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. Prize/Offering comprehensive details

  8. State whether a cash alternative is available

  9. Dates for entry, claiming, redeeming, time to fulfil prizes etc to the consumer

  10. What is the likelihood of winning the advertised reward

  11. Winner notification / publicity

  12. Winner details

  13. Data protection policy / notification

  14. Promoter's name and address

  15. Customer Service details if different to details in item 14.

  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.