ICC Code centre - Consolidated ICC code : Sales promotion
A1 – Principles governing sales promotions - A2 – Terms of the offer - A3 – Presentation - A4 – Administration of promotions - A5 – Safety and suitability - A6 – Presentation to consumers - A7 – Presentation to intermediaries - A8 – Particular obligations of promoters - A9 – Particular obligations of intermediaries - A10 – Responsibility
Article A1 – Principles governing sales promotions	
All sales promotions should deal fairly and honourably with consumers.
All sales promotions should be so designed and conducted as to meet reasonable consumer expectation associated with the advertising or promotion thereof.
The administration of sales promotions and the fulfilment of any obligation arising from them should be prompt and efficient.
The terms and conduct of all sales promotions should be transparent to all participants.
All sales promotions should be framed in a way which is fair to competitors and other traders in the market.
No promoters, intermediaries or others involved should do anything likely to bring sales promotions into disrepute.
Article A2 – Terms of the offer
Sales promotions should be so devised as to enable the consumer to identify the terms of the offer easily and clearly, including any limitations.
Care should be taken not to exaggerate the value of the promotional item or to obscure or conceal the price of the main product.
Article A3 – Presentation
A sales promotion should not be presented in a way likely to mislead those to whom it is addressed about its value, nature or the means of participation.
Any marketing communication regarding the sales promotion, including activities at the point of sale, should be in strict accordance with the General Provisions of the Code.
Article A4 – Administration of promotions
complaints should be efficiently and properly handled.
Article A5 – Safety and suitability
Care should be taken to ensure that promotional items, provided they are properly used, do not expose consumers, intermediaries, or any other persons or their property to any harm or danger.
Article A6 – Presentation to consumers
Complex rules should be avoided.
Rules should be drawn up in language that consumers can easily understand.
The chances of winning prizes should not be overstated.
Sales promotions should be presented in such a way as to ensure that consumers are made aware, before making a purchase, of conditions likely to affect their decision to purchase.
clear instructions on the method of obtaining or participating in the promotional offer, e.g. conditions for obtaining promotional items, including any liability for costs, or taking part in prize promotions;
main characteristics of the promotional items offered;
any time limit on taking advantage of the promotional offer;
any restrictions on participation (e.g. geographical or age-related), availability of promotional items, or any other limitations on stocks. In the case of limited availability, consumers should be properly informed of any arrangements for substituting alternative items or refunding money;
the value of any voucher or stamp offered where a monetary alternative is available;
any expenditure involved, including costs of shipping and handling and terms of payment;
the full name and address of the promoter and an address to which complaints can be directed (if different from the address of the promoter).
any rules governing eligibility to participate in the prize promotion;
any costs associated with participation, other than for communication at or below standard rate (mail, telephone etc.);
any restriction on the number of entries;
the number, value and nature of prizes to be awarded and whether a cash alternative may be substituted for a prize;
in the case of a skill contest, the nature of the contest and the criteria for judging the entries;
the selection procedure for the award of prizes;
the closing date of the competition;
whether the consumer may be liable to pay tax as a result of winning a prize;
the time period during which prizes may be collected;
where a jury is involved, the composition of the jury;
any intention to use winners or winning contributions in post-event activities and the terms on which these contributions may be used.
Article A7 – Presentation to intermediaries
the organisation and scope of the promotion, including the timing and any time limit;
the ways in which the promotion will be presented to the trade and to the public;
the conditions for participation;
the financial implications for intermediaries;
any special administrative task required of intermediaries.
Article A8 – Particular obligations of promoters
Rights of intermediaries’ employees
inviting the employees of the intermediary to assist in any promotional activity;
offering any inducement or reward, financial or otherwise, to such employees for their assistance or for any sales achievements in connection with any sales promotion.
All goods, including promotional items and other relevant material, should be delivered to the intermediary within a period which is reasonable in terms of any time limitation on the promotional offer.
Article A9 – Particular obligations of intermediaries
In particular, the intermediary should adhere to the plan and conditions of the promotion as laid down by the promoter.
No changes to the agreed arrangements, e.g. alteration of the time-limit, should be made by the intermediary without the prior agreement of the promoter.
Article A10 – Responsibility
Anyone taking part in the planning, creation or execution of any sales promotion has responsibility, as defined in article 23 of the General Provisions, for ensuring the observance of the Code towards intermediaries, consumers, and other parties affected or likely to be affected by the promotion.