Clarity in Laser Eye Surgery Promotions

If you saw a prize draw competition for laser eye care you may consider entering it. If it’s with Optical Express let me tell you what happens: they don’t enter you into the draw unless you are suitable as determined at a free consultation at an Optical Express laser eye surgery clinic. So actually this is a sales promotion not a prize draw I guess.

I entered my details on their site and got a phone call inside five minutes to book my appointment. I explained that an appointment was not needed if I had not won the prize draw. The Optical Express caller disagreed. So I ended the call there and then.

Personally I felt conned.

You can make your own mind up, here are the terms…

Terms & Conditions

This offer is open to UK and Republic of Ireland residents who visit our websites at http://uk.opticalexpress.com or http://ie.opticalexpress.com and complete a laser eye surgery enquiry form by entering their contact information and ticking the checkbox labelled “Win free treatment!”.

1. The Optical Express prize draw takes place on the last day of each calendar month.
2. One winner each month is entitled to free laser eye surgery.
3. Treatment is subject to patient suitability as determined at a free consultation at an Optical Express laser eye surgery clinic.
4. This prize is not transferable under any circumstances, even if the prize winner is deemed unsuitable for laser eye surgery following their consultation.
5. The surgeon’s decision whether to proceed with treatment is final.
6. There is no cash alternative available.
7. Open only to UK and Republic of Ireland residents.
8. One entry per person.
9. Entrants must be over 18 years of age.
10. Winners will be contacted each month by Optical Express after the competition has been drawn.
11. Acceptance of the prize constitutes consent to use the winner’s name, written testimonial and photography for editorial and publicity purposes.

Who Oversees Competitions and Sales Promotions in the UK

Primary regulatory oversight for competitions and sales promotions in the UK is shared among several key authorities, with the Advertising Standards Authority (ASA) serving as the main regulator for advertising standards and promotional content.

The Advertising Standards Authority (ASA)

The ASA is the UK’s independent advertising regulator and the primary oversight body for competitions and sales promotions[1]. The ASA enforces two key codes:

• CAP Code (Committee of Advertising Practice): The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, which governs advertisements, sales promotions, and direct marketing communications[2]
• BCAP Code: The UK Code of Broadcast Advertising, which applies to all advertisements and programme sponsorship credits on radio and television services licensed by Ofcom[2]

The ASA has extensive powers to investigate promotional marketing activities, including competitions and prize draws. While it has limited direct enforcement powers, it can make public rulings about businesses that breach the codes and refer serious or widespread breaches to Trading Standards or the Competition and Markets Authority[2][1].

Competition and Markets Authority (CMA)

The CMA has gained significant new powers as of April 6, 2025, under the Digital Markets, Competition and Consumers Act 2024 (DMCCA). The authority now has direct enforcement powers for consumer protection laws, including the ability to impose fines of up to 10% of global annual turnover for serious breaches[3][4].

Key CMA responsibilities include:

• Investigating unfair commercial practices that may affect competitions and promotions
• Enforcing consumer protection laws with new direct powers (replacing previous court-based enforcement)
• Protecting consumers from misleading practices and ensuring fair trading[3][5]

The CMA’s initial enforcement priorities include drip pricing (unexpected fees added at checkout) and fake customer reviews, both relevant to promotional activities[6].

Ofcom and Broadcasting Standards

Ofcom regulates broadcast advertising standards but has contracted this function to the Broadcast Committee of Advertising Practice Limited (BCAP)[7]. For television and radio competitions, Ofcom ensures compliance with broadcasting standards, while the ASA handles the advertising content aspects[8].

Gambling Commission

For promotions that involve payment to enter and prizes, the Gambling Commission may have jurisdiction if the activity constitutes gambling under the Gambling Act 2005[9][10]. This includes:

• Lotteries requiring payment to enter
• Gaming activities
• Betting-related promotions

However, competitions can avoid gambling regulation by incorporating either a skill element or providing a genuine free entry route[9].

Local Trading Standards

Local Trading Standards offices have enforcement powers for consumer protection laws at the local level[11]. They can investigate complaints about unfair trading practices related to competitions and promotions, though their role has been supplemented by the CMA’s new direct enforcement powers[3].

Charity Commission and Fundraising Regulator

For charity-related competitions and fundraising activities:

• The Charity Commission oversees trustees’ duties in fundraising activities and intervenes when there are serious risks to charitable funds or public trust[12]
• The Fundraising Regulator regulates fundraising practices in England, Wales, and Northern Ireland, including promotional activities by charitable organizations[13]

Sector-Specific Regulators

Additional regulatory oversight may apply depending on the nature of the business:

• FCA (Financial Conduct Authority): For financial services promotions
• MHRA: For health and medical product promotions
• Various sector regulators: Depending on the specific industry involved

Key Legal Framework

The regulatory landscape operates under several key pieces of legislation:

• Digital Markets, Competition and Consumers Act 2024: Provides the CMA with direct enforcement powers[4]
• Consumer Protection from Unfair Trading Regulations: Governs unfair commercial practices (being replaced by DMCCA provisions)[2]
• Gambling Act 2005: Regulates activities that constitute gambling[9]
• CAP and BCAP Codes: Self-regulatory codes enforced by the ASA[2]

The UK’s approach combines statutory regulation through government bodies (CMA, Ofcom, Gambling Commission) with self-regulation through industry codes (ASA/CAP), creating a comprehensive oversight framework that has been significantly strengthened by recent legislative changes giving regulators more direct enforcement powers.

References and Further Reading

[1] ASA launches a social media promotions guidance hub https://marketinglaw.osborneclarke.com/advertising-regulation/asa-launches-a-social-media-promotions-guidance-hub/

[2] the changing landscape of prize competitions https://www.mishcon.com/news/staying-ahead-of-the-game-the-changing-landscape-of-prize-competitions

[3] Competition and Markets Authority Will Directly Enforce … https://acuitylaw.com/cma-will-directly-enforce-consumer-protection-laws/

[4] New era for consumer enforcement in the UK https://www.ashurst.com/en/insights/new-era-for-consumer-enforcement-in-the-uk/

[5] The CMA’s approach to consumer protection https://assets.publishing.service.gov.uk/media/67f37a0a22a7bab256d956de/CMA_Consumer_Approach_document.pdf

[6] New UK Consumer Rules Herald Stricter Enforcement and … https://www.sidley.com/en/insights/newsupdates/2025/04/new-uk-consumer-rules-herald-stricter-enforcement-and-significant-fines

[7] Appendix 1 Statutory framework for the regulation of … https://www.asa.org.uk/type/broadcast/code_section/appendix-1.html

[8] Broadcast Code https://www.asa.org.uk/codes-and-rulings/advertising-codes/broadcast-code.html

[9] Running prize competitions in the UK: Your legal guide https://harperjames.co.uk/article/running-a-prize-competition/

[10] Fundraising, raffles and lotteries https://www.gamblingcommission.gov.uk/public-and-players/guide/fundraising-prize-draws-raffles-and-lotteries

[11] Trading Standards: powers, enforcement and penalties https://www.businesscompanion.info/en/quick-guides/miscellaneous/trading-standards-powers-enforcement-and-penalties

[12] Charity fundraising: a guide to trustee duties https://www.gov.uk/government/publications/charities-and-fundraising-cc20/charities-and-fundraising

[13] Fundraising Regulator: Ethical fundraising, sustainable giving https://www.fundraisingregulator.org.uk

[14] Gambling Commission tightens bonus and promotion rules https://www.gamingintelligence.com/legal/211791-gambling-commission-tightens-bonus-and-promotion-rules/

Kevin Harrington

I’m a UK-based B2B marketing consultant, specialising in strategic advice for SME business owners. I bring extensive hands-on expertise to every client engagement. Senior leadership roles across technology, media, payments, and publishing have shaped my practical approach. Highlights include serving as Chief Marketing Officer at The Panoply plc (now TPXimpact), Chief Commercial Officer at Tungsten Network, and Global Marketing Director at BBC Worldwide. Over the years, I’ve guided numerous SMEs through transformation and value creation. Helping businesses evolve and thrive is a genuine passion. Practical marketing insights and succession planning strategies are at the heart of what I do, as I believe growing a business’s asset value should be a rewarding and positive journey for every entrepreneur.

See Full Bio