Effective Disclosures in Advertising May 22, 2001 HALL DICKLER KENT GOLDSTEI N & WOOD LLP Assignment Review creative concepts provided for a fictitious product, LetsGoTV • Develop alternative print and television concepts to – Drive demand for the product among the target audience – Clearly and accurately disclose product information Analysis of LetsGoTV Creative Legal Problem • Advertising implies product can be used everywhere - does not adequately disclose indoor limitation Position outdoor limitation – “Don’t you wish you could use as a product benefit watch TV anywhere you want?” – “You’ll get your favorite local channels anywhere” – “Watch whatever you want wherever you want.” – “Goes everywhere you go.” Analysis of LetsGoTV Creative Legal Problem • $199 Price claim is misleading – Super with mail in rebates. Restrictions apply - not adequate Reposition price claim to reduce limitations/conditions – Asterisked disclaimer in print that would require disclosure ad - $199 after rebate - not adequate – Inadequate disclosure that $199 is the after rebate price Analysis of LetsGoTV Creative Legal Problem • $199 Price claim is misleading (cont.) – Inadequate disclosure that rebate is subject to material conditions and restrictions: Reposition price claim • 12 month subscription to to reduce limitations/conditions LetsGoTV with penalty for early that would require disclosure cancellation • Premium Service at additional $45/month charge – Inadequate disclosure that antenna is required for cable reception at additional cost of $99 Analysis of LetsGoTV Creative Legal Problem • Advertising fails to clearly and conspicuously disclose that subscription to LetsGoTV Premium Service is required to access Reposition cable premium channels - disclosure in subscription requirement footnote is not sufficient as a product benefit – Type size too small – White type on red background in print ad is hard to read – Disclosure in TV ad is buried Analysis of LetsGoTV Creative Legal Problem • Disclaimers are not sufficiently clear and conspicuous – Information is too material to be handled in a disclaimer Simplify the creative to – Disclaimer in TV ad is too long reduce need for and too small disclaimers – Disclaimer in print ad is too small, difficult to read and not against a contrasting background The challenge... • Unique product proposition which requires a unique selling proposition – Lightweight, large screen handheld portable TV device – Only works outside - cannot get reception inside buildings, inside cars, or in other enclosed spaces – Receives cable channels but only with subscription to LetsGoTV cable services and an antenna (both extra) – Most expensive handheld portable TV device on market – Rebate available - but only with purchase of one year’s subscription and only after 12-months The solution... • Change the focus - rename, reposition and sell it as a whole system/package: Let’sGoCable = cable subscription + viewer – Communicates offer clearly to consumers – Focuses on key point of difference vs. competition: • cable on a handheld portable device – Ideal selling proposition • sell subscriptions and the devices will follow » Year one - $897.40 (after rebate) The solution... • Develop a positioning to leverage the unique attributes of the product and make it appealing to the people most likely to purchase it Cable TV for people who don’t want to miss their favorite programming when they are outside. – Upfront about “outside” limitation – Turns perceived negative into a positive – Focuses benefit directly to those most likely to purchase The consumer... • Talk to the people most likely to find the proposition compelling and relevant: Males, ages 30-59 – Willing to spend money on TV technology – Love their cable – Spend time outdoors in activities that will allow for simultaneous TV viewing What do we know about them? Willing to invest in TVs and TV technology • Important pre-req for our offering – average TV cost: $300 - $500 – handheld TV cost: $5 - $170 – Year one LetsGoCable cost: $897.40 (after rebate) • Males are 10 times more likely to purchase high end TVs than Females • M30-59 are willing to spend over $700 on a TV – M30-34 are 32 times more likely to spend $700-$999 on their last TV – M50-54 are 55 times more likely to spend $1,000+ on their last TV What do we know about them? • In the past, the older end of the target has been more likely to purchase portable TVs (Index 120) • There is an opportunity to expand the portable TV user base to include younger end of our target based on this offering – M30-34 - wants products that offer the best technology: Index 135 What do we know about them? They are avid consumers of cable • M30-59 fall within the heavy cable consumption category (15+ hrs in past week) – M30-34 Index 116; M50-54 Index 119 • M30-59 are 20% more likely to own a satellite dish – M30-34 Index 124; M50-54 Index 149 What do we know about them? They participate in outdoor activities that allow for simultaneous TV viewing – Camping – Boating/sailing – Fishing – Yard work – Going to the beach – Having Picnics The Concept Now going outside doesn’t mean going without cable. With the LetsGoCable System you can receive your favorite cable channels on our exclusive portable satellite equipped viewer. LetsGoCable. It’s time to cut the cord. Open on a man fishing on an empty lake. A scene from ‘Fight Club’ appears on the lake’s surface around him. (ShoMax ghost logo) The ‘Fight Club’ scene disappears as a scene from a Rap Video appears (Music Video TV ghost logo) The rap video disappears as a baseball game appears (Box Seat Sports ghost logo) FVO: Going outside doesn’t have to mean going without your favorite shows. Get the LetsGoCable System. Our exclusive handheld viewer is just $498. And subscriptions are just $49.95 a month. LEGAL: For outdoor use only. Product Shot /Super: $200 BACK Pullback/Reveal man holding viewer while fishing FVO: Order today and get a $200 mail in rebate after 12 months of service. LEGAL: 12 months subscription required for rebate. $50 cancellation fee for early termination. FVO: LetsGoCable. It’s time to cut the cord.
Pages to are hidden for
"Legal Disclaimer Tv - PowerPoint"Please download to view full document