Ad description

A competition on the Winning Moments’ website www.winningmomentsonline.co.uk, which ran between 1 and 31 August 2015, to win tickets for a theatre-themed hen party.

Issue

The complainant challenged whether the winning entry had been appointed by an independent judge or a panel that included an independent member.

Response

Rebecca Garret Media provided the ASA with documentary evidence which included a contract with a third-party organisation, a paid invoice for services along with a schedule of competitions that had run from 27 July until 6 December 2015.

Assessment

Not upheld

The ASA understood that the complainant believed that competition winners had been selected at random by employees of Rebecca Garret Media. However, we noted from the documentation provided that an independent organisation had been contracted since 17 July 2015 on an ad hoc basis for the purpose of selecting winners of competitions, including the theatre-themed hen party competition. We therefore concluded that the promotion had not breached the Code.

We investigated the promotion under 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.  (Administration),  8.26 8.26 In competitions, if the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member must be appointed. In either case, the judge or panel member must be demonstrably independent, especially from the competition's promoters and intermediaries and from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges should be competent to judge the competition and their full names must be made available on request.  (Prize promotions), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

8.14     8.2     8.26    


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