Ad description
A national press ad, for a minivan distributor, stated "WIN a DFSK when you take a TEST DRIVE".
Issue
The complainant challenged whether the promotion had been administered fairly, because he understood the advertiser had withdrawn the promotion due to a lack of entries.
Response
Vestatec Automotive Distribution Ltd t/a DFSK said the prize draw had been scheduled for 8 January 2014, but was delayed because of an oversight rather than to a lack of entries; they had been focusing on their strategy and development plan for 2014. They said the prize draw had taken place, during the week commencing 24 March 2014, and the winner was notified that week. They provided copies of e-mails with the winner, in which they discussed the vehicle options available. DFSK also provided a copy of the prize draw entry form, which included the terms and conditions of the promotion.
Assessment
Upheld
The ASA noted DFSK had failed to conduct the prize draw on the date stated in the terms and conditions of the promotion. We further noted that the prize draw was not then conducted until around 11 weeks after the date on which it was supposed to have taken place, which DFSK had said was an oversight. We considered DFSK had not ensured the promotion was conducted under proper supervision or that adequate resources had been made available to administer it.
While we understood DFSK had conducted the prize draw and instigated correspondence with the prize draw winner in late March to arrange the details of the prize, we were concerned the prize draw had not been conducted and the winner contacted until after we had contacted DFSK about the complaint. We considered the prize had therefore been withheld without justification until that time.
We concluded DFSK had not conducted the promotion equitably, promptly or efficiently and had not dealt fairly and honourably with participants, and the promotion was therefore in breach of the Code.
The ad breached CAP Code (Edition 12) rules 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. and 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 8.15 Promoters must allow adequate time for each phase of the promotion: notifying the trade; distributing the goods; issuing rules if relevant; collecting wrappers and the like and judging and announcing results. (Availability) and 8.27 8.27 Withholding prizes (see rules 8.15 8.15 Promoters must allow adequate time for each phase of the promotion: notifying the trade; distributing the goods; issuing rules if relevant; collecting wrappers and the like and judging and announcing results. 1 and 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. .2) is justified only if participants have not met the qualifying criteria set out clearly in the rules of the promotion. (Prize Promotions).
Action
We told DFSK to ensure their future promotions were conducted equitably, promptly and efficiently, that they dealt fairly and honourably with participants, and that promotions were conducted under proper supervision and they had adequate resources available to administer them.
