Late last year Panasonic published advertisements offering bonus Nintendo Wii gaming consoles by redemption to all consumers who purchased a selected Full HD Viera Plasma television.
The company hoped to gain sales on the back of the Wii's popularity, which was one of the most popular items sold during the 2008 Christmas period.
But 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. And that serial number could only be obtained when the TV was delivered.
The problem was that 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 Panasonic failed to adequately disclose important conditions of the promotion and is seeking an injunction, corrective advertising, an order that Panasonic revise internal business operation, establishment of a compliance program and costs.
The matter is set to appear before the Federal Court in February.
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