Ad description
A competition run by Juicetou Ltd in their Twitter account, seen in December 2016, contained text which stated "WIN A THREE DAY DETOX + ONE MONTHS [sic] HEALTHY EATING PLAN INCLUDING BREAKFAST, LUNCH, DINNER, SNACK, SIDES, ALKALINE WATER, JUICES".
Issue
The complainant, who was tagged in a tweet that said she was the winner, but who had not received her prize several months later, challenged whether the competition had been administered in accordance with the CAP Code.
Response
Juicetou Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Juicetou Ltd'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 provide a response 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. They must also avoid causing unnecessary disappointment and must ensure their promotions were conducted under proper supervision. Because we understood that the prize had not been delivered to the complainant, and Juicetou Ltd had not provided us with evidence that it had been sent, we concluded that the promotion had not been administered in accordance with the CAP Code and was in breach.
The promotion 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. (Promotional marketing) 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. 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 Juicetou Ltd to avoid causing unnecessary disappointment to consumers in the administration of future promotions. We told them to award the prize as described (or a reasonable equivalent) to the complainant. We referred the matter to CAP's Compliance Team.
