Ad description
An Instagram post from the Witcombe Festival account, posted on 27 April 2023, included text that stated “SIGN UP FOR PRESALE + WIN A VIP BACKSTAGE EXPERIENCE, TICKETS & MORE!”.The post included a caption with text that stated “Sign up for exclusive ticket access and win HUGE money-can’t-buy prizes including a VIP backstage experience <raising hands emoji> Hurry – ticket and competition sign-up closes on 2nd May. Good Luck <fingers crossed emoji> Sign up via the link in our bio”.
Issue
The complainant, who had been notified that they had won the prize draw but did not receive the prize as described, or a reasonable equivalent, challenged whether the promotion breached the Code.
Response
Witcombe Festival said the prize was a backstage experience, although there was no specific artist that the winner would meet. On the day, the artist’s touring management did not want any public or competition winners backstage at the time. If the artist changed their mind, there was very little that they could do to accommodate the public backstage.
They said that during the festival the complainant was verbally offered another prize which was either the opportunity to go backstage to meet another artist or tickets for next year’s festival. However, this was turned down by the complainant.
Assessment
Upheld
The CAP Code stated that promoters must award the prizes as described in their marketing communications, or reasonable equivalents.
The ad stated “SIGN UP FOR PRESALE + WIN A VIP BACKSTAGE EXPERIENCE, TICKETS & MORE!” and “Sign up for exclusive ticket access and win HUGE money-can’t-buy prizes including a VIP backstage experience!”. The ASA considered that the ad encouraged consumers to sign up for the pre-sale of tickets on the basis that they might win the prizes. We also considered that consumers would understand from the ad that if they won the VIP backstage experience, they would get the opportunity to go backstage during the festival.
We understood that the complainant was notified by email that they had won two VIP Weekend Camping Tickets, an A-list backstage experience and a ride in the artist’s private buggy to the festival. Whilst they had been able to claim the VIP Weekend camping tickets, despite following the steps to claim the prize, when they contacted Witcombe Festival prior to the event to ask how they would get the backstage passes and provided proof of the bundle of prizes that they had won, they were not given information about how to claim the A-list backstage experience or the ride in the artist’s private buggy. We further understood that during the festival, when the complainant tried to claim the backstage experience and the buggy ride, they were informed by the festival staff available on the day that they were temporary staff and were not able to help, nor did they know who the complainant should speak to. They suggested that the complainant should email the festival organisers, which they did, but they did not receive a response. We therefore considered that because the complainant was not able to claim the backstage experience or ride in the artist’s private buggy, the prize had not been awarded in full.
We noted that Witcombe Festival said that the complainant was verbally offered the opportunity to go backstage to meet another artist or tickets for next year’s festival. However, as referenced above, the staff at the event did not know who the complainant needed to speak with about this part of the prize. In any case, we had not seen evidence that Witcombe Festival had offered the complainant an alternative prize. We therefore considered that a reasonable equivalent had not been awarded.
We considered that Witcombe Festival should not have offered the VIP backstage experience if they could not guarantee they could fulfil the prize at the time of the event because artists could refuse members of the public from going backstage.
Therefore, because part of the prize had not been awarded, nor had we seen evidence that they offered a reasonable equivalent, we concluded that the promotion breached the Code.
The ad breached CAP Code (Edition 12) rules 8.1, 8.2 (Promotional marketing), 8.14 and 8.15.1 (Administration).
Action
We told Witcombe Festival to ensure that they awarded prizes as described in their marketing communications or a reasonable equivalent and that they should not offer prizes that cannot be guaranteed in full.
