Offering prizes without the intention to actually give them away is a serious offence. It is important that you keep your promises and abide by the terms of your own offer… This includes ensuring that the actual items given away are the same as the ones you promise to consumers. Promises are not kept if the items are not provided or if what is given is different from what was originally offered. If prizes are to be used as an inducement, there must be no misleading statements or hidden catches about them
If you want to offer gifts, prizes or free items as a promotional activity for your business, ask yourself the following questions to ensure you are complying with the law:
Do the promises made about the gift, prize or free item match what will be given?
s54 of the Trade Practices Act 1974 states that advertisers and sellers must honour their promises to give gifts, prizes or other free items in connection with their promotion of supply or possible supply of goods and services. This specific prohibition is additional to the more general prohibition on misleading and deceptive conduct in s52.
“s54 of the Trade Practices Act 1974 states that advertisers and sellers must honour their promises to give gifts, prizes or other free items in connection with their promotion of supply or possible supply of goods and services. This specific prohibition is additional to the more general prohibition on misleading and deceptive conduct in s52.”
It seems pretty clear to all of us that looked at the flier.
Besides, if you have that on a flier and then on the entry form you have some crappy ** that stipulates the prize isn’t what is advertised, that is using false pretences if ever I’ve seen any
It says ‘trip to Japan to see Keiren races’. Not return fare, tickets to races etc. I know it looks and is a bit dodge, but it’s written in a way to attract particapants. This shit happens.
Sneaky, but I’m not sure it’s illegal.
A airfare for a trip to Japan is covered by the winning cash.
yep, if the prize was $1200, then that covers the cost of a plane ticket to japan. no issues here.
frankly the bigger issue is the claim of seeing the 2010 keirin races. Pretty sure most of the 2010 keirin races have already been raced. does the prize also include a bike that travels thru time whenever you bust out an elephant trunk?
The point is that this shit shouldn’t happen. The TPA is designed to prevent this happening. If you want the marketing and positive look that giving away a prize get’s that is fine, but don’t piss on my shoes and tell me it’s raining. A return trip to Japan to see Keirin is definitely different to 1200 (and 1200 does not necessarily cover a return trip to Japan FYI). If they only had 1200 to give away that is great, but they should say “1200 to go towards a trip to Japan to see the Keirin” or simply “$1200 cash prize”. Good on them for supporting an event and for being generous enough to give cash, but next time they should own it and say what they are doing.
^ I realise that and am not having a go at all. I just think the ACCC is pretty clear on this: when doing a giveaway or promotion, you must be honest and transparent. Anyway, if the person who won is happy with 1200 it is all moot anyway.
And I dont think the fact it says “Trip” and not “return trip” is a big deal. I think it is fair to imply that any promotion where a trip is advertised (with no further terms) includes a return leg- it is not as if you are going to stay forever.
Enough said by me on this (I have a tendency to argue when I shouldn’t)!