Vodafone MySky HDi Email Advertisement
18 March 2010
Complainant: R. Paterson
Advertisement: Vodafone New Zealand Ltd
Sky Network Television Limited
Complaint: The email advertisement for MYSky HDi was sent to Vodafone customers and headed "Hello [name of Subscriber]". It contained a text box which was headed "Here's a great opportunity to get the MY SKY HDi experience for free". Text beneath this said:
"As a little reminder, because you're on an Ultimate Pack, if you sign up to SKY through Vodafone or switch your existing SKY subscription to Vodafone, you'll get MY SKY HDi free every month (usually $15 per month). Simply pay the one-off installation fee of $49 if you're new to MY SKY HDi.
Standard SKY subscription costs apply...To access SKY high definition content you need an HD TV, a SKY HD access ticket ($10 extra per month) and subscribe to Basic, SKY Sport and/or SKY Movies."
Complainant, R. Paterson, said: "Vodafone offering me free MYSkyHDi, only it's not free. I have to have a normal sky connection first. This is clear in the ad but I still think they shouldn't be able to email me to remind me that I can get MY Sky HDi for nothing when I can't".
The relevant provision was Rule 2 of the Code of Ethics.
The Chairman noted R. Paterson's concern about the email advertisement. However, she was of the view that the offer of the free HDi upgrade was clarified in the advertisement, through the text immediately beneath the heading which gave details of the offer and listed any associated costs. She was of the view that, reading the advertisement as a whole, consumers would not likely to be mislead or deceived with regard to the offer presented in the advertisement. She noted also that the advertisement contained a button which said "Find out more", which readers could click on if they wanted more information about the offer. The Chairman said that there was no apparent breach of Rule 2 of the Code of Ethics, and accordingly ruled that there were no grounds for the complaint to proceed.
Chairman's Ruling: Complaint No Grounds to Proceed