Background
Ad description
A prize promotion on a social networking page for Fizzy Holidays, in which entrants were offered the chance to win £2,000.
Issue
The complainant challenged whether the prize promotion was genuine, because she requested details of the winner and they were not provided.
Response
Fizzyholidays.co.uk did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by fizzyholidays.co.uk's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We noted details of the winner had not been provided on request and that the complainant therefore questioned whether the promotion was genuine. In the absence of evidence to demonstrate that the promotion was genuine and the prize had been awarded as described, we concluded that the promotion had not been administered fairly.
The promotion breached CAP Code (Edition 12) rules 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. 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. 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. and 8.15.1 8.15.1 Promoters must award the prizes as described in their marketing communications or reasonable equivalents, normally within 30 days. (Sales promotions) and 8.27 8.27 Withholding prizes (see rules 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. .1 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. 2) is justified only if participants have not met the qualifying criteria set out clearly in the rules of the promotion. 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. 8.28.5 8.28.5 Promoters must either publish or make available on request the name and county of major prizewinners and, if applicable, their winning entries except in the limited circumstances where promoters are subject to a legal requirement never to publish such information. Promoters must obtain consent to such publicity from all competition entrants at the time of entry. Prizewinners must not be compromised by the publication of excessive personal information (Prize promotions).
Action
The promotion must not appear again in its current form. We told fizzyholidays.co.uk to ensure they were in a position to demonstrate in future that prizes had been awarded as described. We also told them to ensure they published or made available on request the name and county of major prizewinners and, if applicable, their winning entries. We referred the matter to CAP's Compliance team.
CAP Code (Edition 12)
1.7 8.1 8.14 8.15.1 8.2 8.27 8.28 8.28.5
