Ad description
A competition administered through social media in which entrants could win an iPad. The details of the winner were released on Facebook on 27 January 2014, in a post which stated "CONGRATULATIONS TO [NAME]!!!!!!! You have been selected at random and have won our amazing competition!!! Thank you to everyone who participated!!!!" Beneath this statement was a graphic of an iPad and the text "Want to win an Ipad? Of course you do", and underneath this graphic further text, which appeared to be a reiteration of the original competition announcement, stated "COMPETITION TIME!!! How would you like to win a FREE iPad for just after Christmas?"
Issue
The complainant, who had won the competition and received a used iPad, challenged whether the promotion had been administered fairly.
Response
24.7 Tradesmen (Glasgow) Ltd acknowledged our correspondence, but did not comment on the point of complaint.
Assessment
Upheld
The ASA noted that promotion referred to "an iPad" and considered that, without any further qualification, it would have been reasonable for consumers to assume from this that the winner would receive a brand-new item. We understood from the complainant that the iPad awarded as a prize showed clear signs of having been used, such as ingrained food residue and a damaged case. We also understood that the iPad had been locked with a PIN and that, upon contacting Apple to unlock this PIN, the complainant had been informed that the iPad had been registered 10 months previously with an ID code to which they did not have access. It was therefore evident that the prize awarded was not brand-new. We also considered that even if consumers had anticipated that the prize could be second-hand they would still expect the iPad in question to be in good condition and in full working order, and not restricted by a PIN or ID code unless provided. Because the prize had not been awarded as described in the promotional material we concluded that the promotion had not been administered fairly.
The promotion breached CAP Code 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. (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. 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. (Administration).
Action
We told 24.7 Tradesmen (Glasgow) Ltd to ensure that future prizes were awarded as advertised.
