Ad description
A series of tweets on HarrisonCole's twitter feed, promoted prize draws. The first tweet stated "Enjoy Nandos on us!! We've 2 x £20 gift cards to giveaway! RT & Follow to #win winner on the day our websites goes live". A further tweet stated "#COMPETITION TIME!! #WIN a WHITE #iPhone Power Case #RT & #FOLLOW to #WIN winner selected 1st August! X5 to giveaway! ... ". An additional tweet stated "#COMPETITION TIME!! #WIN this WHITE #iPad Mini simply #RT & #FOLLOW to #WIN winner selected 1st August! ... ". The tweet included an image of the prize. A further tweet stated "Good morning everyone still time to RT and FOLLOW! We'll be announcing ALL #WINNERS @9pm tonight!! ... ".
Issue
The complainant, who believed a number of the winners were closely connected to the advertiser, challenged whether the promotions had been administered fairly; the winners had been selected by an independent person; and the prizes had been awarded in accordance with the laws of chance.
Response
HarrisonCole said the prize draws were genuine. They said they were not connected to any of the prize winners and that the winners had been selected by an independent person external to HarrisonCole.
Assessment
Upheld
The ASA noted HarrisonCole's comments that the prize draws were genuine. However, we had not seen evidence to demonstrate that the prizes were awarded to genuine winners in accordance with the laws of chance and by an independent person or under the supervision of an independent person. In the absence of such evidence, we considered HarrisonCole had not demonstrated that the promotion had been administered fairly and therefore concluded that it breached the Code.
The promotion 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. and 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. (Sales 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. (Prize promotions).
Action
We told HarrisonCole to ensure their future promotions were administered fairly and that prizes were awarded to genuine winners in accordance with the laws of chance and by an independent person or under the supervision of an independent person.
