ACCC takes Panasonic to court over Nintendo Wii promotion
The Australian Competition and Consumer Commission is taking Panasonic to court over alleged “misleading or deceptive conduct” related to a promotion which offered consumers a free Nintendo Wii with the purchase of a plasma TV.
From November 23 to December 24 last year, Panasonic published ads offering bonus Nintendo Wii gaming consoles by redemption to all consumers who purchased a selected Full HD Viera Plasma television.
The ACCC alleges that contrary to Panasonic’s advertising, consumers could only make a valid claim for the bonus Wii by providing Panasonic with the television’s serial number, which could only be obtained upon delivery of the product.
However, there was no guarantee a consumer would receive their television within sufficient time to identify its serial number and submit a valid claim to Panasonic.
The ACCC alleges that by publishing advertisements offering bonus Wiis and failing to adequately disclose important conditions of the promotion, Panasonic engaged in misleading or deceptive conduct in contravention of section 52 of the Trade Practices Act 1974.
The watchdog is now seeking: declarations that Panasonic contravened section 52 of the Trade Practices Act; an injunction; corrective advertising; an order that Panasonic review and revise its internal business operations; an order that Panasonic establish and maintain a compliance program; and costs.
The matter will be heard in the Federal Court on February 17.
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Panasonic is not alone in this poor marketing strategy. Sony is also running a promo like this offering a blue-ray player.
I brought a Sony LCD last week and upon buying I realised to claim the blue-ray they are offering I may have to wait several weeks.
Only when you go online to register your product and make the claim you understand how long its going to take to actually get the bonus product.
To prove you are the owner of the product, one has to take a photo of back of the television to show the serial number, a copy of the product registration email you receive, then the ‘original receipt’, which apparently they are going to return it to the customer.
I don’t understand why they trick and put the consumer through such process when people have no time to do such things these days.
Anyway the wait is on and I’m sure there are many like me waiting to get their bonus claim.
Why can’t these companies give the product then and there when the cosumer pick up the product from the store and keep them happy than taking them for a ride like this?
I think it is time someone take Sony also to the court.
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I went through this with Sony last year when I was given a PS3 with the purchase of a Bravia (which I was going to buy anyway.)
Yes, I had to send in the paperwork and the original receipts. The receipts were returned and I had the PS3 in a couple of weeks. It was no drama.
As for the marketing mechanism, this is nothing new, it has been around for ages. How many marketing claims are made these days without an asterisk?
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someone at the ACCC didn’t get their Wii and now they’re pissed.
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By Redemption! Those famous last words.
I received a Blue ray player with the purchase of an LCD TV – didn’t have to wait long, however was shocked to see how many of ‘bonus’ units made their way onto e-bay – made it hard for me to get bids any where near the recommended retail price!!!
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“How many marketing claims are made these days without an asterisk?”
Read the story: “The ACCC alleges that contrary to Panasonic’s advertising,”
Not enough asterisk, apparently.
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I can promise marketing campaigns free-of-strings*
*Terms & conditions apply
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If you are involved in running one of these promotions you will realize how many ‘prize pigs’ and professional prize syndicates are out there trying to wrought the system to win. Unfortunately you have to have too many hoops for a consumer to jump through in order to redeem their free prize. There has to be a simple way promotions are set up and managed that stopped the prize pigs from winning all the time and normal consumers being able to enter and win as well.
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I have a good friend who bought his Panasonic 46″ plasma Christmas 2008 and was affected by this issue, and he was terribly disappointed when he couldn’t get his Wii. The bonus Wii was a definite incentive for him to buy the Panasonic.
I think Panasonic have learnt from last years mistake and improved their service though.
I bought my new Panasonic 50″ G10 on the 17/01/2009 from JB Hifi.
I filled out my claim and sent it off with my original receipt via Registered Post to avoid any lost mail risk.
While I waited I could look up the status of my claim at anytime online.
From Panasonic receiving, processing, approving and dispatching the bonus gift I was informed and in touch with them at anytime I liked and they even provided a tracking number for it on it’s way to my place.
I received my Wii and games on the 12/01/2010 with my original receipt in the same condition it left in. It also included a letter from Panasonic with warranty info for it.
I think the process was quite fair for a bonus gift, the turnaround was reasonable and a monkey could have followed the steps to order it.
However, It is a BONUS GIFT – the TV is the same price when the promo isn’t on.
So if you don’t like having to send off a claim, then don’t send it and miss out – but your TV will still cost you the same anyway.
If Panasonic left the stock with the retailers, the bonus gift could possibly influence pricing. I also doubt the retailer wants to be responsible for stock that isn’t their own or waste time processing claims.
The bonus gift deal is for Panasonic TV’s anywhere, and no two retailers are the same – and I think that is the way it is how it is.
Even if it is not for these reasons, it still is the way it is – like many things in life.
Despite all this I still think Panasonic should be held responsible for not being able to honor their end of the deal to customers in 08 – early 09.
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Sorry – My post should have said I bought my TV on the 17/12/2009.
It took just under 4 weeks to receive my Wii – not just under a year!
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The ACCC is completely correct with their action. I made a qualifying Panasonic purchase but couldn’t get delivery until after Christmas. Then when I finally had the serial number Panasonic’s web site first stated my serial no. had already been used (not by me!) and when I tried a few days later it stated the same thing but also added that my purchase needed to be within the previous 21 days. This is rubbish as I questioned the store extensively about the terms. I knew about the ACCC action and was wary yet I was advised that I only had to claim before end of Jan. There was absolutely no further information in-store stating a limited claim time. I now have to ring them to try and sort it out. The blog on their web site reveals they are giving many customers this run-around. If I don’t get what was advertised I will demand a refund. Sort yourselves out Panasonic!
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