Ad description
A Facebook post by Little Elf Centre Creations, seen on 3 August 2017, featured a promotion. Text on the post stated, “Okay guys here it is competition time. To win a set of family matching shirts includes: - X2 adults X3 children X1 custom autograph book. All you have to do is be a liker of the page tag a friend in the comments below share this post with as many people as you can. Winner will be announced on the 15th September and chosen by random. You will receive a number assigned to you by myself in the comments below and then a random number generation will be used to choose a winner. Good luck everyone."
Issue
The complainant, who had been notified that they had won the competition but did not receive the prize, challenged whether the promotion breached the Code.
Response
Person(s) Unknown t/a Little Elf Centre Creations did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA noted that there was no registered legal entity associated with the Little Elf Centre Creations Facebook page. We were concerned by Little Elf Centre Creations’ lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
The CAP Code stated that promoters must award the prizes as described in their marketing
communications or reasonable equivalents, normally within 30 days after the closing date. They must also avoid causing unnecessary disappointment and that withholding prizes was only justified if participants had not met the qualifying criteria set out clearly in the rules of the promotion.
We understood from evidence supplied by the complainant that they had been announced as the winner of the promotion on 15 September 2017 and had not received the prize. Little Elf Centre Creations did not provide us with any reasoning for justifiably withholding the prize. We considered that in the absence of the prize promotion specifying a date by which the prize should be awarded, Little Elf Creations should have awarded the prize within 30 days.
We concluded that because Little Elf Centre Creations had not awarded the prize, the promotion breached the Code.
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. 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. (Promotional marketing), 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) 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. 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. .3 (Prize promotions).
Action
We told Little Elf Centre Creations to ensure that they awarded prizes as described in marketing communications. We referred the matter to CAP's Compliance Team.
