Therefore, the High Court passed undertakings by which traders committed not to «create the false impression that the consumer has already won, will win or will on doing a particular act win, a prize or equivalent benefit, when in fact taking any action recommended by the [trader] in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost which is either: (a) a substantial
proportion of the unit cost to the defendant
of the provision to the consumer
of the thing described as a prize or other equivalent benefit; or (b) in the
case of a charge stated to be for delivery and insurance, used by the defendant to finance in whole or in part its acquisition, handling or other cost
of the making available
of that thing, other than the
actual cost
of its delivery to the consumer and insurance (if any) in transit» (account rendered by the CJEU in C - 428 / 11 at para 20, emphasis added).