Our Standards

Miscellaneous

ARTICLE X
MISCELLANEOUS

Section 1. DIGITAL MARKETING

Advertisements of products and/or services in Digital Marketing shall be subject to the Standards of Advertising set by the Ad Standards Council (ASC). Guidelines on scope of coverage are provided in the ASC Manual of Procedures.

Section 2. CONTESTS AND PROMOTIONS

a. Advertisements of contests or competitions must conform to the regulations of the appropriate government agency.

b. Advertisements in the form of, or with contests and promotions offering prizes, additional rewards or benefits for the purchase of a product or service must have prior written approval of the appropriate government regulatory agency (e.g. Department of Trade and Industry (DTI), Department of Health – Food and Drug Administration (DOH-FDA), Department of Agriculture (DA), National Telecommunications Commission, and the Food and Drug Administration (FDA), Civil Aeronautics Board (CAB)).

Section 3. PRINCIPLES GOVERNING SALES PROMOTIONS

a. All sales promotions should deal fairly and honorably with consumers and other beneficiaries.

b. All sales promotions should be so designed and conducted as to avoid causing justifiable disappointment or giving any other grounds for reasonable complaint.

c. The administration of sales promotions and the fulfillment of any obligation arising from them should be prompt and efficient.

d. The terms and conduct of all sales promotions should be equitable to all participants.

e. All sales promotions should be framed in a way which is fair to competitors and other traders in the market.

f. No promoters, intermediaries or others involved should do anything likely to bring sales promotions into disrepute.

Section 4. TERMS & CONDITIONS OF CONTESTS OR PROMOTIONS

a. Sales Promotions should be presented in such a way as to ensure that beneficiaries are made aware, before making a purchase, of any conditions likely to affect their decision to purchase including:

a.1 Clear instructions on the method of obtaining or participating in the promotional offer
a.2 Main characteristics of the additional benefits offered
a.3 Any restriction on participation, availability of additional benefits, or any other limitations on stocks
a.4 The value of any voucher or coupon offered where a monetary alternative is available
a.5 Any expenditure involved, including taxes, costs of shipping and handling and terms of payment
a.6 Full name and address of promoter and an address to which complaints can be directed.

b. The word “free” or words of similar meaning may be used in promotional advertising only under the following conditions:

b.1 The normal or regular price of the product or service being purchased has not been increased.
b.2 The “free” item is not integral or necessary part of a complete unit that is being sold.
b.3 The “free” item provides a value to the consumer in addition to the original product or service, e.g. accessories, premiums, extra product, extra weight or extra volume.

c. Where a sales promotion includes a prize promotion, the following information should be given to beneficiaries, or at least made available on request prior to participation and not conditional on purchasing the product.

c.1 Rules governing eligibility to participate
c.2 Any costs associated with participation
c.3 The number, value and nature of prizes to be awarded and whether a cash alternative may be substituted for a prize
c.4 In the case of a skill contest, the nature of contest and criteria for judging entries
c.5 Selection procedure for the award of prizes
c.6 Closing date of competition
c.7 When and how will results will become available
c.8 Whether the beneficiary may be liable to pay taxes as a result of winning a prize
c.9 Time period within which the prize may be collected
c.10 Where a jury is involved, the composition of the jury
c.11 Any intention to use winners or winning contributions in post-event activities

However, if no details or conditions are announced, the advertisement should also state how and where the purchaser may obtain full details of the rules, e.g., “See posters and print ads for details.”

d. The word “win” and/or words of similar meaning may not be used without qualification or as a categorical claim to imply a certainty of winning unless justified by the mechanics of the promotion.

e. Specific prices, which can be won by a single individual, must be made clear and the total value of the prices may be used only if plainly described as the aggregate value of several prizes.

f. Advertisements of raffles, contests, or competitions, which offer prizes should state all the material conditions for participation. However, if no details or conditions are announced, the advertisement should also state how and where the purchaser may obtain full details of the rules, e.g., “See posters and print ads for details.”

Section 5. GUARANTEES & WARRANTIES

Advertisements with “guarantees” or “warranties” should clearly and conspicuously disclose the nature, value, extent, and duration of a guarantee or warranty.

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