TMG Asia Pacific Pty Ltd - s.87B undertaking

The Mobile Generation I BV, a Dutch based company and its related Australian based company, TMG Asia Pacific Pty Ltd, have provided an undertaking to address the ACCC's concerns regarding their promotion via an internet pop-up of a Wixawin mobile premium subscription quiz service.

• The ACCC’s main concerns were:
• the use of the Woolworths logo in the promotion;
• that the promotion did not make it clear that residents of the ACT, Victoria and Queensland were ineligible for any prizes, but would still incur charges for participating; and
• that the other relevant terms and conditions, including cost, were provided as fine print disclaimers.

TMG I BV and TMG Asia Pacific Pty Ltd have agreed as part of their undertaking to communicate clearly in any future promotions:

• who is eligible to enter the competition;
• the nature of the services provided;
• who the services are being promoted by; and
• the terms and conditions (including as to price) to which consumer's agree when they acquire the services.

As part of providing court orders by consent as a result of a separate investigation for its TV ads, TMG Asia Pacific will be implementing a trade practices compliance program.