"REFUND DAY"

Evening Post, Volume CVIII, Issue 131, 29 November 1929, Page 13

"REFUND DAY"

AN ADVERTISING SCHEME

BUSINESS FIRM FINED £20

An advertising, scheme instituted by the firm's publicity .-.officer, cost. Stewart Hardware, Ltd., a fine of £.20 and costs in the Magistrate's Court this morning on a charge of having promised to dispose of property by lottery or chance. A plea of guilty was entered by Mr. W. H. Cunningham, counsel for the. defendants'. " .

: Chief -Detective Lopdell. i said_ that the scheme, although illegal, .did.not appear to be very obnoxious.." Mr.- K. M'Lennau, the firm's publicity officer, with the full knowledge and consent of the manager (Mr. Hodder) instituted and caused to be advertised a scheme whereby a promise was made that a refund of 50 per cent, of the purchase price of goods procured on a certain date during November would be. made to. holders of receipt dockets issued on a.day to be known .as '.'jefund:-day." To decide the day to be known as refund day, slips of paper bearing numbers from.l to 30,, with the:exception of 3, 10, 17, and 24, were folded and placed in a hat. Each number in the hat represented a business day in November. Mr. Hodder at random drew out one slip bearing a number, and without examining the slip placed it inside an envelope - and gummed the envelope down, the remaining slips in the hat being burned- immediately without . examination. The number; in the envelope decided which day-was to be regarded as refund day, .'and■ '• no person had had any possibility of knowing which of the twenty-six numbers referred to was in the envelope. The envelope containing the number wa3 placed in the safe of the National Bank of New Zealand with written instructions that it was not to bo opened until 2nd December, and then in the presence of a. Justice of the Peace and the bank manager. An elaborate halfpage advertisement drawing attention to the scheme had been published in the "Evening Post," and a copy was gummed on the front window of the firm's shop in Courtenay place. Eeceipt dockets were given to customers with the following words stamped on by.a rubber stamp: "Keep this receipt. To-day may prove to be bur half-eaah refund day. Date published in 'The Evening Post' 2nd December, 1929." r Mr. Cunningham said there' appeared to be no doubt that the scheme-was in contravention of section 39 of the Gaming Act. The scheme had been born of the enthusiasm of the publicity manager: The firm, as a result of the prosecution, was in mid-air. The Act had been contravened, but at the same time the firm had made a promise to the public, and, although'it wished to do so,it might be. committing another offence by keeping faith with the public. . Mr. E. Page, S.M.: "I think they can keep faith with the public, and take the punishment now for the complete act. I think it unlikely that the police will prosecute the defendants a second time for this action." Mi-. Page said that it appeared clear to him that the operations of the defendants came within section 39 of the Gaming Act. The case was almost identical with the prosecution against Collinson and Cunninghame, Palmerston North. .