Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Rule 9.2.1 of the Code stipulates that distance-selling marketing communications should include “the main characteristics of the products”. That begs the question, can a marketer offer a “mystery gift” or does he need to disclose what the mystery is? For prizes, rule 8.17.6 states that the nature of prizes has to be specified clearly. Although the ASA has not ruled specifically on the term, offering a “mystery prize” is therefore unlikely to be acceptable if only because not disclosing the nature of the prize could influence a consumer’s decision to participate in the promotion.
But the ASA has adjudicated against marketers that have not stated adequately the nature of pre-allocated goods or “mystery gifts” (HHS Trading (UK) plc, 16 February 2005 and 10 September 2003). In the former adjudication, the ASA required the promoter to avoid vague descriptions and to give examples of the types of good recipients were likely to receive or offer a means for recipients to find out the main characteristics of the good. The Copy Advice team therefore considers that to describe an award as a “mystery gift’ without qualification is not acceptable.
Generally, promoters wanting to offer “mystery gifts” should include: an indication of the general character or nature of the item by reference to a brand name or a general description; a statement about the value of the item; a clear statement of what consumers are required to do to qualify for the offer (for example buy another item to receive the mystery gift) and a clear statement of any terms and conditions of the offer such as extra costs to be borne by consumers.
This advice is designed to be read in conjunction with the Sales Promotion section of the CAP Code and the other entries in this advice section. Also, promoters might want to seek legal advice.
Last modified : 10 January 2012