Ad description
A tweet on a property search company's Twitter feed stated "New#comp on for 3k followers just#follow and #RT #win a [sic] iPad mini!! Good luck". Variations of the message were tweeted over the next few weeks, with a tweet four weeks later announcing the winner.
Issue
Three complainants challenged whether the competition had been administered fairly, because they believed the winner was not a genuine entrant.
Response
Wizemove said the prize draw was not restricted to entrants on Twitter, but also through Facebook and leaflets inviting entrants to submit their e-mail address or telephone number. They said it was explained that the final decision was at their discretion. They believed the promotion was carried out in a fair and professional manner.
Assessment
Upheld
The ASA noted, other than a short response to our enquiries, Wizemove had not provided us with any significant information about the promotion, such as the terms and conditions or the processes they had in place to ensure that the prize draw was conducted fairly. It was also unclear whether significant conditions, for example the different entry routes and what was required of participants, were easily accessible to entrants. We also noted we had not seen any evidence from Wizemove to show that the winner was a genuine entrant or on what basis the winner had been chosen.
We therefore concluded that, because we had not seen evidence to show that the promotion had been administered fairly or that the winner was a genuine entrant, the prize draw breached the Code.
The promotion breached CAP Code (Edition12) rules 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. 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. (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. (Administration), 8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion. (Significant conditions for promotions) and 8.24 8.24 Promoters of prize draws must ensure that prizes are awarded in accordance with the laws of chance and, unless winners are selected by a computer process that produces verifiably random results, by an independent person, or under the supervision of an independent person. and 8.28 8.28 Participants must be able to retain conditions or easily access them throughout the promotion. In addition to rule 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. , prize promotions must specify on all marketing communications or other material referring to them, the following information, clearly before or at the time of entry, where the omission of any of the specified items is likely to mislead. (Prize promotions).
Action
The promotion must not appear again in its current form. We told Wizemove to ensure their promotions were administered fairly.
