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Home Rulings TELKOM / COMPETITION TO WIN HUAWEI P9 / HUGO MCDONALD / 2017-7091F

TELKOM / COMPETITION TO WIN HUAWEI P9 / HUGO MCDONALD / 2017-7091F

Mr McDonald lodged a consumer complaint against an SMS advertisement from the number "+27811600041…” promoting a Telkom Competition.

 The SMS was sent to the complainant on 30 November 2017 and states the following:

"Hi Hugo! Thanks for calling the Telkom call centre. Please answer 5 short questions and you stand a chance of winning a Huawei P9 Smartphone if you complete our questionnaire. Please click on the URL to read the terms and conditions. Good luck. Dial *120*168#, OR REPPLY stop. Ts&Cs: http://tlkm.link/VOCCompetion

COMPLAINT

The Complainant submitted that the SMS misled him into believing that if he filled in the questionnaire he would stand chance of winning the Huawei P9 smartphone. However, when he checked the Ts&Cs on the website, they indicate that the competition ended in 30 September 2017.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint Clause 4.2.1 of Section II (Misleading claims) was taken into consideration.

RESPONSE

The Respondent submitted that the competition’s closing date was extended to 30 November 2017. It indicated that the error was as a result of an oversight in updating the Terms and Conditions. The Respondent clarified that even though the date was incorrect in the Terms and Conditions, the competition continued for the duration of the advert, which includes all qualifying entrants until 30 November 2017.

ASA DIRECTORATE RULING

The ASA Directorate has considered all the relevant documentation submitted by the parties. 

Clause 4.2.1 of Section II of the Code states, inter alia, that advertising should not contain any statement or visual presentation, which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.

The Complainant submitted that he was misled into entering a competition, but later discovered, through the Ts&Cs, that it closed on the 30th September 2017. The Respondent explained that at the time the Complainant filled in his questionnaire the competition was still running. The problem was that the Ts&Cs had an incorrect date. To avoid the misalignment of dates in the future, it has been decided that all amendments of competition T’s and C’s will be finalised by senior management at Telkom.

From the submissions, it would appear that the issue is not that the advertising was misleading, but that the Ts&Cs were wrong. The Respondent clarified that qualifying entrants that were submitted until 30 November 2017 were considered for the competition. 

As such, the advertisement does not appear to have contravened Clause 4.2.1 Section II of the Code.

The advertisement is not misleading nor in breach of Clause 4.2.1 of Section II.

The complaint is dismissed.

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