Ad description

A promotion for a dry cleaning service appeared in Time & Leisure Magazine.

Text stated, "Register now for a prize draw to win free dry cleaning for the rest of the year".

Issue

The complainant, who had been told they were the winner but had not received the prize, challenged whether the promotion had breached the Code.

Response

BM Lifestyle Ltd did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by BM Lifestyle'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 we told them to do so in future.

The Code stated that promoters must award the prizes as described in their marketing communications, or reasonable equivalents.

The ASA understood from Time & Leisure Magazine that the complainant was the winner, but that BM Lifestyle had refused to honour the prize. Because we understood that the prize had not been awarded to the complainant, we concluded that the promotion was in breach of the Code.

The promotion breached CAP Code (Edition 12) rule  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 - administration).

Action

The promotion must not be run again in its current form. We told BM Lifestyle Ltd to ensure that they awarded the prizes as described in their marketing communications, and that, in future promotions, they were able, if asked, to provide documentation demonstrating the awarding of prizes. We referred the matter to CAP's Compliance Team.

CAP Code (Edition 12)

1.7     8.15.1    


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