Writing terms and conditions for a sales promotion is an important task that requires careful consideration and attention to detail.
If the terms and conditions for a promotion are not right, the promoter can expect to face negative publicity and if a complaint is upheld by the Advertising Standards Authority, the news can be spread far and wide and at times this has been hard for brands to shake off. The best way to prepare, is to ensure the promotion is fair for both the promoter and the participants and include as much detail as possible in the terms and conditions so consumers are not misled.
You’ll need some short terms and conditions to go on promotional communication but also have full T&Cs available for consumers to read throughout the promotion period. Here are some steps to help you get started on your full terms and conditions if writing them yourself:
1. Define the promotion – Before you begin writing the terms and conditions, you need to define the promotion. This includes the start and end dates, the prizes or rewards being offered, and any other important details.
2. Include eligibility criteria – To ensure that the promotion is fair and transparent, you should include eligibility criteria in the terms and conditions. This could include age restrictions, geographic restrictions, and any other relevant factors.
3. Outline the entry process – You should clearly outline how people can enter the promotion such as which microsite url they need to access and what all of the steps are. Detail important entry requirements such as providing a photo of proof of purchase of a qualifying product.
4. Detail the prize or reward – Be specific about what the prize or reward is and how it will be awarded. You should also include any conditions or restrictions, such as expiry dates or other limitations.
5. Clarify winner selection processes – Ensure winner selection is fair and detail how and when this will take place.
6. Cover legal requirements – To comply with UK law, your terms and conditions should include certain legal requirements, such as data protection, liability, and intellectual property rights.
7. Include disclaimers – To protect your business, you may want to include disclaimers in the terms and conditions, such as limiting your liability, excluding certain people from participating, or reserving the right to cancel the promotion.
8. Be clear on data – If you’re capturing consumer data you must be clear on how you’re using this and consumers must provide consent upon entry. It is best to seek legal advice to ensure you don’t get this wrong.
9. Know your market – Within Great Britain there are differences in the law. In Northern Ireland, gambling laws restrict promotions from running the same way as in the UK and rules around alcohol-linked promotions are a little stricter in Wales, Scotland and Northern Ireland than England so it’s worth getting advice if activating across all countries.
10. Finalise and publish – Once you have drafted your terms and conditions, review them carefully to ensure they are clear, accurate and comply with all legal requirements. Once you are satisfied, publish them on your website or in other promotional materials so all consumers can access them easily.
Writing terms and conditions for a sales promotion can be complex, so it is important to seek legal advice if you are unsure about any aspect of the process. The Institute of Promotional Marketing (IPM) offer a legal advisory service for all members, reviewing terms and conditions and giving their seal of approval if they’re both compliant with UK regulations and are fair and transparent for participants.
Here at Mando we write terms and conditions for our clients and as IPM members can ensure your promotion is both legally compliant and runs smoothly.
