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May28
The Case Against Vomitous Disclaimers

Let me preface this post by saying I have no problem with including disclaimers in copywriting.  In fact, it's something I teach in my copywriting classes.  Disclaimers are important to make sure the advertiser is covered in a lawsuit-crazy world.  However, there comes a time when an ad or direct response piece is so overloaded with disclaimers, that the offer loses all value and becomes laughable.jcpenney%20logo.jpg

I received the perfect example that includes what I like to call "vomitous disclaimers" in the mail today.  It's a direct mail piece from JCPenney with copy that says:

"30% off regular-priced* or 10% off sale-priced* apparel, shoes & accessories, bedding, bath, window coverings, decorative accessories and rugs ordered from jcp.com or JCPenney Catalog.  Hurry!  Offer ends June 13.  *See back for details."

When I flipped the postcard over, I was presented with the following disclaimers:

"*Discount good only on regular- and sale-priced apparel, shoes and accessories, bedding, bath, window coverings, decorative accessories and rugs from jcp.com or JCPenney Catalog.  The following purchases do not qualify for this discount: JCPenney Custom-Fit Clothing;l Jodee Catalog; Value Right, 2/more, combo, clearance/outlet prices; cookware, cutlery and gadgets; cosmetics; electronics; fine china, floor/personal care; fragrances; furniture; housewares; infant bedding/furniture/wheeled goods/accessories; jewelry; mattresses; musical instruments; pet items; pools; scooters; small appliances; sporting goods; toys; video games; watches; AeroBed; Carhartt; Clarks; Dockers; Easy Spirit; Grand Patrician; Levi's; Oreck; Teleflora; Gift Cards/e-Gift Cards; services and service contracts; prior purchases; or orders currently being processed.  Cannot be used with any other offers.  Offer good through June 13, 2008."

So my question is, what exactly is actually on sale?  Suffice it to say, this postcard is going in the garbage.  It's too much of a hassle to try to decipher exactly what the discount can be used for. 

My message to JCPenney and other direct response marketers, don't devalue your promotion with too many restrictions and disclaimers.  Remember, marketing promotions should deliver added value to customers, not make them cross-eyed as they try to translate the fine print.

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I'm guessing that a good rule of thumb would be "if your disclaimer requires an entire side of your direct mail piece, it's probably not worth what it was printed on to the consumer".

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