1st August 2023
With the new football season upon us, there’s arguably no better time for clubs to be running fan competitions and promotions as a means of engaging with their fan bases. The return of competitive fixtures, expanded content, new kit launches and tickets up for grabs, means fans’ eyes are consistently glued to their club’s (and even other clubs’) social media pages [1].
As social media platforms can be such competitive marketplaces, publishing content quickly is sometimes seen as more important than necessarily staying within the bounds of the UK’s advertising rules. In this article, Jake Phillips and Luke Jackson briefly address the balance which must be struck between these competing forces and offer some food for thought to consider before fan competitions and promotions go live.
The Advertising Standards Authority (ASA) is the UK’s independent regulator of advertising across all media. It’s responsible for enforcing the Non-broadcast Advertising and Direct & Promotional Marketing Code (CAP Code), which relates to advertising via media such as internet, press, mail and telephone. Specifically, the rules in Section 8: Promotional Marketing apply to promotions.
Breach of the CAP Code may result in the ASA exercising its powers, such as:
Such sanctions can be damaging from a reputational perspective; but disappointing fans can also harm an important revenue stream.
The ASA makes it clear that promoters, and therefore clubs, are responsible for all stages of the promotion (Rule 8.1 of the CAP Code). Irrespective of the platform, promotions must be run fairly, and marketing communications for the promotion must not be misleading (Rule 8.2). As an overriding consideration, clubs should consider appraising their existing setup for running competitions with these rules in mind. More specifically, we make the following recommendations:
We understand the need to release content quickly, buy we also have experience in ensuring competitions and promotions are drafted clearly and effectively.
If you have any queries or need any advice in this area, please do not hesitate to contact Jake or Luke.
[1] Although based on several sports and not just football, according to Deloitte’s survey ‘Engaging sports fans year-round’, 65% of fans said they want some form of content or information at least monthly, even during the off-season.