Yes, but when you don't explicitly state the conditionality, and particularly so in the ad-line, then it's a version of free that one should expect to incite calls of bullshit.
Think of it this way: it's on par with false advertising which companies do get sued for. That's why companies make signs like "up to 30% off" and not just "30% off" (when only some items are 30% off). It is considered, by most, a mis-representation or false hood; a lie if you will.
