Anti-Abuse Promotion Terms Must Be Clear: PepsiCo International Ltd

A prize promotion, on Pepsi packaging and fronted by Didier Drogba, offered the chance to win £500 every hour. Text included “FOR A CHANCE TO WIN, ENTER THE LAST 4 DIGITS OF YOUR BARCODE AT WWW.PEPSI.CO.UK OR TEXT 62948”.

The ASA ruled that PepsiCo’s terms banning bulk entry submissions were not sufficiently clear to allow disqualification of a family who had used a large number of slightly varying email addresses to enter the promotion over 11,000 times, with some draws being entered over 500 times an hour.

The ASA agreed that generating multiple email addresses in this way was “not within the spirit of the promotion,” but a reference in the T&Cs to “bulk” entries was likely to be interpreted as a reference to entries generated automatically. PepsiCo had not been able to show that the complainant’s entries were generated by any means other than individuals using multiple email addresses.

This and other ASA decisions all emphasise the need for anti-abuse terms to be carefully drafted. The fact that someone is abusing a promotion, to the evident disadvantage of other participants, is not enough in itself to disqualify that person.


Tweeting Significant Conditions of Promotions: How Much Information to Include

Bulletins are for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court. Please note that past bulletins included in the Archive have not been updated by any subsequent changes in statute or case law.