Additional Information for Dam Music Festival

On July 23, 2019 BBB Serving Nebraska, South Dakota, The Kansas Plains and SW Iowa contacted the business to substantiate advertised ticket prices. The business advertised on Facebook "General admission tickets are currently only $89 for 3 days of music! Ticket prices will not be this low again." The BBB Code of Advertising states that, "The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any claims or offers made before publication or broadcast and, upon request, present such substantiation promptly to the advertising medium or BBB." The BBB Code of Advertising also states "BBB recognizes that truthful price information helps consumers make informed purchasing decisions and that comparative price advertising plays an important role in promoting vigorous competition among retailers. At the same time, misleading or unsubstantiated pricing claims injure both consumers and competitors. The following examples offer guidance on ensuring that pricing claims are truthful and not misleading. Advertisers may offer a price reduction or savings by comparing their selling price with: Their own former selling price;
The current selling price of identical products or services sold by others in the trade area (the area in which the company does business or where the advertisement appears) (e.g., "selling elsewhere at $_______."); or
The current selling price of a comparable product or service sold by the advertiser or by others in the trade area (e.g., "comparable value," "compares with products or services selling at $_____," "equal to products or services selling for $_____"). In each case, the advertisement must clearly and conspicuously disclose which basis of comparison is being used. When these comparisons are made in advertising, the claims must be based on the provisions. The former price must be the actual price at which the advertiser has openly and actively offered the product or service for sale, for a reasonably substantial period of time, in the recent, regular course of business, honestly and in good faith. Where the former price is genuine, the bargain being advertised is a true one. If, on the other hand, the former price being advertised is not bona fide, the bargain being advertised is a false one. For example, where an artificial, inflated price was established for the purpose of enabling the subsequent offer of a large reduction, the consumer is not receiving the usual value expected. In such a case, the "reduced" price is, in reality, probably just the seller's regular price. Offering prices, as distinguished from actual former selling prices, may be used to deceptively imply a savings. In the event few or no sales were made at the advertised comparative price, the advertiser must make sure that the higher price does not exceed the advertiser's usual and customary retail markup for similar products or services. Descriptive terminology often used by advertisers includes: "regularly," "was," "you save $ _____," and "originally." If the word "originally" is used and the original price is not the last previous price, that fact must be clearly and conspicuously disclosed by stating the last previous price, or that intermediate markdowns may have taken place, for example, "originally $400, formerly $300, now $250," "originally $400, intermediate markdowns taken, now $250." As of September 6, 2019, the business has failed to respond to our inquiry.