A prize draw or instant win on promotional cups: what CAP Code section 8 requires

Printing a code or a scan-to-win prompt on a promotional cup can make the cup advertise a promotion, and section 8 of the CAP Code has a long list of rules for promotions. This article sets out what section 8 of the CAP Code says, with a note on where the Code's scope leaves a printed cup. The Code is the UK advertising rulebook that the ASA applies. This is general information, not legal advice.

Where the Code reaches a printed cup

The Scope of the Code page lists what the Code applies to, including promotions in non-broadcast media (part I f) and advertisements in printed material (part I a). Part II m says it does not apply to packages, wrappers, labels, tickets, timetables and price lists, unless they advertise another product or a promotion or are visible in a marketing communication. Part IV says the ASA Council's interpretation of the Code is final, and that where it is not clear whether a communication is within remit, the ASA is more likely to apply the Code if the material is in paid-for space.

None of these pages names a cup. A cup is not one of the items the exclusion lists. In our reading, a cup that invites the holder to enter a prize draw advertises a promotion, so the exception in part II m would apply even if the cup were treated like a package or a label. The ASA decides, and an organiser who is unsure can treat the rules below as the standard to meet.

What counts as a promotion

Section 8 says its rules apply to consumer and trade promotions, incentive schemes and the promotional elements of sponsorships, and that they regulate the nature and administration of promotions. Its definition lists the techniques as including two-for-one offers, money-off offers, text-to-wins, instant-wins, competitions and prize draws. The background note says promoters should take legal advice before running promotions with prizes, to ensure that the mechanisms do not make them unlawful lotteries, and names the Gambling Act 2005 for Great Britain and the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 for Northern Ireland. We did not read either, and this article does not say what makes a prize draw lawful.

The conditions that have to be on show

Rule 8.1 says promoters are responsible for all aspects and all stages of their promotions, and rule 8.2 says they must conduct them equitably, promptly and efficiently and avoid causing unnecessary disappointment. Rule 8.17 says marketing communications that refer to promotions must communicate all applicable significant conditions where omitting them is likely to mislead. The sub-rules list how to participate, any free-entry route, the start date, a prominent closing date where applicable, proof of purchase requirements, the number and nature of prizes, restrictions such as location or age, the availability of promotional packs, and the promoter's full name and correspondence address unless obvious from the context.

Rule 8.18 matters for a cup. It says a communication that includes a promotion and is significantly limited by time or space must include as much information about significant conditions as practicable, and must direct consumers clearly to an easily accessible alternative source where all the significant conditions are prominently stated. It adds that participants should be able to retain those conditions or easily access them throughout the promotion. In our reading, a code on a cup that leads to a page with the full rules is the shape this rule describes, and a code that leads nowhere is not.

Prize promotions carry more. Rule 8.28 requires, clearly before or at the time of entry and where omission is likely to mislead, any restriction on the number of entries, whether a cash alternative may be substituted, the date by which winners will receive prizes if it is more than 30 days after the closing date, how and when winners will be notified, and the other items it lists.

Prize draws, instant wins and claims of winning

Rule 8.24 says promoters of prize draws must ensure that prizes are awarded in accordance with the laws of chance and, unless winners are selected by a computer process that produces verifiably random results, by an independent person or under the supervision of an independent person. Rule 8.25 says participants in instant-win promotions must get their winnings at once or know immediately what they have won and how to claim without delay, cost or administrative barriers, and that instant-win tickets, tokens or numbers must be awarded on a fair and random basis, with verification by an independently audited statement.

Rule 8.15.1 says promoters must award the prizes as described in their marketing communications or reasonable equivalents, normally within 30 days, and the page marks it as reflecting a prohibited practice from Schedule 20 of the DMCCA. Rule 8.20 bars exaggerating the chances of winning and rule 8.19 bars claiming a consumer has won when they have not.

Stock, timing and a limited run

A printed cup run has a lead time. The promotional cups page says printed cups start at 50 cups and that the product pages list standard delivery at about 18 days, with economy delivery at about 30 days. Rule 8.15 says promoters must allow adequate time for each phase of a promotion, including distributing the goods. Rule 8.10 says promoters must be able to demonstrate a reasonable estimate of the likely response and that they were capable of meeting it, or that consumers had enough information to decide whether to take part, and rule 8.9 says a phrase such as "subject to availability" does not relieve promoters of their obligation to avoid disappointing participants.

Alcohol and young people

Rule 8.4 says alcoholic drinks must not feature in promotions directed at people under 18, and that alcohol must not be available on promotion to anyone under 18. Rule 8.5 says promotions must not be socially undesirable to the audience addressed by encouraging excessive consumption or irresponsible use. The section says it must be read with the rest of the Code, including section 5 on children and section 18 on alcohol. Our guide to alcohol brands and printed cups under section 18 of the CAP Code covers the alcohol rules, and the guide to free branded cups with drinks covers the licensing side of a drinks promotion.

On the product side

The promotional cups page describes reusable pint and half-pint cups printed in one colour or full colour, and a 350ml coffee cup with a single-colour print, from 50 cups, with artwork templates for each size. A buyer who wants a promotion on the cup can send the artwork or the idea when requesting a quote, and the page says the team checks the file.

Where this stands

This was checked on 28 October 2026. The section 8 page carried the rules as read here. The Code and its guidance are revised from time to time, and a promoter running a real prize draw should read the current section and take legal advice on the lottery question.