SALE PROMOTION OR LOTTERY

Although in India sales promotions offering one item free with another are restricted as they give impression to intended consumers that something is offered free of charge when the same is fully or partly covered by the amount charged. Nevertheless now a days a lot of brands especially apparel brands are offering one apparel along with other through out the year, these offers are neither end of season sale nor on some special occasion, but are given to allure the customers believing that they will get one item free in the cost of one but the cost of apparel is deliberately kept at a price where in a routine course 2 such apparels can be offered for sale. Many companies like “Cotton County” and “Koutons” have immensely advertised themselves and lured the innocent customers in garb of the these promotional advertisements. Further many states in India have banned the lottery and gambling also stands illegal in India. The very objective of banning lottery was to stop the element of uncertainty which is inherent in any lottery. Now many fast food chains like “Mc'Donald” where the targeted customers are children of impressionable age, have introduced this lottery concept in the form toy marketing. Instead of offering the toys for sale the food joints are encouraging the children to play the game by paying a specified amount per attempt. Children are to use a liver to pick anyone of the toy in a single attempt. Though here skills can be said to be employed and the whole concept may not be based on uncertainty, nevertheless it is a form of gambling when the same is not allowed in any sport, then the same should not be allowed in case children. If this is a sale promotion the same can be allowed without any charge as a complimentary gift.