Leisure

Promotional material on the advertisers’ website stated that consumers could enjoy: ‘free popcorn with every ticket at The Arc Cinema Drogheda.’ It was reiterated in the advertisement that: ‘with every ticket purchased at The Arc Cinema Drogheda, you’ll receive a complimentary serving of our irresistible popcorn. That’s right, no need to reach for your wallet or fumble for loose change – your movie ticket automatically comes with a side of popcorn goodness!’ The consumer can receive the free popcorn with their ticket by booking their tickets online or buying the tickets in the box office.

The complainant objected to the promotional material on the grounds that it had stated, at several points, that free popcorn was available with every ticket. They stated that the advertisement had not included any conditions or exclusions on the offer. The complainant bought two tickets, one of which was a combo ticket that provided a medium popcorn and drink but only received one free popcorn. The complainant queried this with staff and were advised that the purchase of the medium popcorn and drink combo ticket had ‘upgraded’ from the free popcorn offer, therefore removing the free popcorn offer from that ticket. The complainant stated that the terms and conditions (in which the medium popcorn and deal exclusion were stated) were only available on a sheet at the cinema counter. They stated that the terms and conditions contradicted the claim that a free popcorn was available with every ticket and that this, and failure to display the material conditions, was misleading.

The advertisers stated that customers were asked at the point of sale if they wished to receive the free popcorn or upgrade to a combo. They stated that the combo was €1 less than the same combos at other cinemas owned by the advertisers. This discount was included because the: ‘popcorn was already included free with the ticket, and the combo represented an upgrade rather than a base purchase.’

The advertisers stated the headline “Free Popcorn With Every Ticket” did not specify the popcorn size, and while not intended to mislead, the advertisers acknowledged that clearer presentation could have been provided. The advertisers considered, however, that the menu boards and point-of-sale materials clearly described the combo as an “upgrade” to the free popcorn, accurately reflecting the transaction.

The advertisers stated that after receiving the correspondence from the ASA, they amended and then removed the advertisement. They confirmed that they would not reproduce the promotion in this form.

The Independent Complaints Council considered the detail of the complaint and the advertisers’ response.

The Council noted the advertisement had stated “Free Popcorn With Every Ticket” and had included a statement that exclusions applied. While the Council considered that it was reasonable for promotional offers to have terms and conditions and/or exclusions, the use of an absolute claim, such as ‘every’ when there were exclusions or terms involved was misleading and, therefore, in breach of sections 4.01 and 4.04 of the Code.

Action Required:

The advertisement must not reappear in its current form.