What You Really Need To Know About Prize Promotion Terms & Conditions
Posted: September 2015
1. Thank you for taking the time out to conduct this interview, can you briefly describe your job role and main responsibilities at NDL?
My role is Head of Activation and my team and I are responsible for the setup, delivery and ongoing management of promotional marketing campaigns. Our promotional support services include: set up, building and hosting of digital platforms, managing legal and compliance, writing terms and conditions for the UK and international promotions and independent adjudication.
2. Why are terms and conditions so crucial to ensure that promotions run smoothly?
It is where a customer can go to obtain all the information they need to know about a prize promotion, therefore, it is important that they clearly define what the promotion is about as it enables a customer to understand exactly what they are entering into. Clear details such as ‘what does a promotion involve’, ‘how does somebody participate’, ‘who is eligible’, ‘what is the prize’ and any other key areas such as data protection and how a customer’s data will be used need to be clearly stated to avoid any confusion or misunderstanding and potentially a challenge from the customer.
3. What are the key things which need to be considered to ensure that terms and conditions are clear and compliant?
It is very important to ensure that all the details of the promotion are completely accurate, for example the start and end date, prize type and volume, claim deadline, eligibility etc. It is also very important to ensure that any exclusions are stated up front in the significant terms and conditions. For example if you are giving away an amazing prize and certain elements aren’t included such as airport transfers from the winners home to the airport, this needs to be clearly communicated. It’s also important that all detail is locked down and the terms and conditions are accurate before a promotion goes live because once a promotion has launched it is against the Cap Code to change them.
Another key aspect is timing, it is important to ensure that the terms and conditions are created with enough time prior to launch. NDL can offer support in this area by managing the whole terms and conditions process from creating the first draft, to managing any relevant amendments required to comply with promotional law and obtaining sign off from the relevant promotional marketing bodies. In addition, significant terms and conditions need to be established in advance of the promotion launch as they will need to be printed on pack or on point of sale material.
4. What are the biggest challenges that you face when drafting terms and conditions?
I would say knowing exactly what is and isn’t compliant in promotional law, particularly when running a multi-territory promotion where the rules and regulations can vary by country. This can be quite a daunting and complex area but NDL can offer support by scoping out the promoters planned mechanic in each of the participating countries, as well as managing the localisation and translation of the terms and conditions and any required registrations to ensure that the promotion complies with local law.
5. What advice would you give to someone running a prize promotion enquiring about terms and conditions?
To seek compliance advice in the early stage of planning a promotion. It’s important to have all relevant details and important clauses about the promotion locked down and included in the terms and conditions before the promotion launches and of course to ensure that the terms and conditions are compliant. Allow enough time for the terms and conditions to be written and signed off and any significant terms and conditions must be stated on all promotional packs, point of sale and any other communication pieces.
The NDL Group can support you and manage all of the above leaving you to focus on the much more fun stuff!
Want more information? Give Irene a call on: +44 20 7428 3097