The following TMT Q&A Produced in partnership with Helen Hart of Institute of Promotional Marketing provides comprehensive and up to date legal information covering:
Promoters, for many reasons, often want to extend the duration of a promotion, whether it is a prize or a price promotion. The promotion may be very successful. Conversely, if it is a prize draw, there might not have been many entries and the promoter may wish to change the closing date to attract more entries. Another reason may be that, for on-pack promotions, the packs have entered retailers’ shops later than planned or there may have been technical problems with a website.
There are two main sources of rules to consider when deciding whether to extend a promotion. These are the:
UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), and
Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277
Section 8 of the CAP Code covers promotional marketing. Rule 8.17.4.e states:
‘Closing dates must not be changed unless unavoidable circumstances beyond the control of the promoter make it necessary and either not to change the date would be unfair to those who sought to participate within the original terms, or those who sought to participate within the original terms will not be disadvantaged by the change.’
In practice, the circumstances where it may be considered acceptable by the Advertising Standards Authority (ASA) to change a closing date are extremely limited.
The Committee of Advertising Practice has issued guidance on this point.
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