Clark Kendall is a sole practitioner who has an idea for an ad that he would like to appear on billboards near his city's courthouse. Clark would be dressed in a blue cape with letters CK appearing in a black triangle on a blue t-shirt worn under the cape. The ad would say, "Stay out of the red by hiring me. If I don't win it's free!" Clark charges an administrative fee of $200 to open a file. That fee is not mentioned in the ad and is non-refundable. Is the wording of this ad permissible? What of the picture? Why or why not?