Ad description
A competition on Twitter stated "Congratulations to [name] who is the winner of a free customized turntable! Don't loose [sic] hope as we will have alot [sic] more giveaways to come, and rthe [sic] next winner could be you!"
Issue
The complainant, who was announced as the winner, but did not receive his prize, challenged whether the promotion was administered fairly.
Response
Technics Pro said they did not remember publishing any advertising of this kind.
Assessment
Upheld
The ASA noted that the CAP Code rule 8.15.1 8.15.1 Promoters must award the prizes as described in their marketing communications or reasonable equivalents, normally within 30 days. stated "Promoters must award the prizes as described in their marketing communications or reasonable equivalents". While we had seen evidence to demonstrate that the complainant had been announced as the winner, we had not seen evidence to demonstrate that Technics Pro had attempted to send the prize to the complainant. Because of that, we concluded the promotion was not administered fairly.
The ad breached CAP Code (Edition 12) rules 8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment. (Sales promotions), 8.14 8.14 Promoters must ensure that their promotions are conducted under proper supervision and make adequate resources available to administer them. Promoters, agencies and intermediaries should not give consumers justifiable grounds for complaint. and 8.15.1 8.15.1 Promoters must award the prizes as described in their marketing communications or reasonable equivalents, normally within 30 days. (Administration), 8.21.1 8.21.1 Promoters must not falsely claim or imply that the consumer has already won, will win or will on doing a particular act win a prize (or other equivalent benefit) if the consumer must incur a cost to claim the prize (or other equivalent benefit) or if the prize (or other equivalent benefit) does not exist. and 8.27 8.27 Withholding prizes (see rules 8.15.1 and 8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment. .2) is justified only if participants have not met the qualifying criteria set out clearly in the rules of the promotion. Prize promotions).
Action
The ad must not appear in its current form. We told Technics Pro to ensure that prizes were awarded as described in marketing communications and promotions were fairly administered.
