LEGAL CONSIDERATIONS (Cap Code)LEGAL CONSIDERATIONS (Cap Code)
“Marketing communications must not materially mislead or be likely to do so.”
Are their exaggerations?
Is information withheld?
Is the imagery used representative of your game?
HARM AND OFFENCE
“Marketing communications must not contain anything that is likely to cause serious or
widespread offence. Care must be taken to avoid causing offence on the grounds of
race, religion, gender, sexual orientation, disability or age.”
Does your marketing encourage or condone violence or anti-social behaviour?
Does your campaign cause fear or distress without justiﬁable reason?
Is there any action or image that could be construed as offensive?
“A sales promotion can provide an incentive for the consumer to buy by using a range of
added direct or indirect beneﬁts, usually on a temporary basis, to make the product
Does your promotion deal fairly and honorably, promptly and equitably with participants
and potential participants?
Does your promotion avoid causing unnecessary disappointment?
“Promoters of prize draws, including instant wins, must ensure that prizes are awarded
in accordance with the laws of chance. Choosing winners using a computerised
selection process is acceptable as long as that process is demonstrably fair and
How are you going to make clear the rules of your competition/prize draw/promotion to
ensure it is transparent and fair?
All advertising in my marketing plan, is explicit and doesn’t state
any misleading quotes or information. The advertising in the plan is
literally what I plan to do.
The one area of concern is the in-direct marketing stunt. This may
cause some animal rights protestors to take offence. All efforts to
reinforce that the stunt is harmless and that the QR codes will not
cause any damage externally or internally to the snake.
This is one area where clariﬁcation could be added to. Discount
code and how long the code will last for after release date. To
clarify it will last up to 2 weeks after release date. This is one thing
that I will have to address. Social netwokring is a powerful method
to address this.
My marketing plan has not plans to conduct any competitions. So
laws of chance etc do not apply.
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