A competition advertised by Optical Express offering entrants the chance to 'win free laser eye surgery' was found to be lacking in clarity and likely to mislead participants. The advertisement failed to mention to participants that they would only be included in the draw if they booked a treatment with Optical Express and paid a booking fee. The booking fee was then refunded for the winner and depending on whether the treatment had already been paid for, the treatment cost was either free or also refunded. Optical Express argued that because the cost and booking fee were the same for all people reserving treatment whether or not they entered the competition, they were not charging for entry to the competition.
The Advertising Standards Authority disagreed. The entry requirements of booking surgery and incurring a booking fee were significant conditions which should had featured prominently in the adverts as they were likely to affect a consumer's interest in the promotion. It also emphasised that business should not confuse competitions – which requires participants to exercise skill or judgment – with prize draws which award prizes based on the laws of chance. The ASA concluded that the lack of clarity in the advert meant that it broke ASA rules on truthfulness and on the running of free offers and free trials.
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