By Princewill Ekwujuru
All over the world, consumer promotion is a contract with the third party, and it is either through advertisements in broadcast stations, print, billboards, posters or flyers.

As such, while entering into promo contracts, organisers incorporate some standard terms and clauses considered important.

Advertisement in law is regarded as an invitation to treat. So, promos cannot be binding on the organiser (s), unless there is a clear intention to be bound. In like manner, an offer regarded by customers to be made through an Ad is an expression of willingness or a bond made by one party to another, this expression or promise should stipulate some terms and conditions of acceptance.

Also, an offer according to law  can be made to an individual or to a section of the public or to the public at large.

For an offer to be valid, an offer must be communicated to the Offeree by the Offeror or his agent, like in the case of Carllil v. Carbolic Snowball Company Limited (1893) 1.Q.B 256. The defendant offered by advertisement to pay to any person $100 who catches influenza after using the defendant’s ‘Smoke ball,’ a drug, in the prescribed manner. After using the drug, the plaintiff caught influenza and sued.

The court held that the offer was not made to him (Carllil), but to the world at large, so he cannot be the world.

So this could apply to promo adverts, the company may not be held liable if it refuses to part with its prize after the promo.

Just like in the case of Pharmaceutical Society v. Boots Chemist Limited (1953) 1 All E.R. The court held that the offer was made by a customer when he selected the items and presented them at the cashier’s desk.

A customer may make the offer when he participates in an advertised promo, which means  the customer may not be rewarded for participating in the promo, because the customer made the offer to the company, when he participated.

However, investigation has shown that  some other clauses specific to the nature of the contract are included, but  hidden, they may be referred to as specific terms and conditions. The essence of having such standard terms and conditions is to make sure each contract has them and not skipped.

As a result, the clauses and conditions which are not specifically spelt out, only appears in small prints, thus; Terms and conditions apply. As a fact, Nigerians in particular do not read to the end of information, they are blinded by such  freebies as; 12 cars in 12 weeks, 13 millionaires in 13 weeks, 500 cars in 12 months, buy one, get one free, 70 per cent off all purchases etc.

However, what fascinates a consumer is what the consumer stands to win, as such, he is not conscious of the small prints, which reads; Terms and conditions apply.! Invariably, what this implies is that advertisers understand that consumers never read deep. So in most cases, the company cannot be held liable for unkept promises.

Next, what the advertiser does is to bombard consumers with long list of prizes to be won. As such, the consumers are normally engrossed in these packages, and do not have the patience to  read the clause; terms and conditions apply or Valid while offer lasts.

While consumers are blameless in this matter, the advertisers are the major culprits, reason: advertisers are obliged to include that line ‘terms and conditions apply’ at the end of their TVCs.