Ad description
A Facebook post for Sam’z Boutique, dated 31 May 2015, announced the winner of a competition to win a dress and gave instructions to the winner on how to claim the prize.
Issue
The complainant, who was announced as the competition winner but did not receive the prize, challenged whether the promotion breached the Code.
Response
Sam’z Boutique did not respond to the ASA’s enquiries.
Assessment
Upheld
The ASA was concerned by Sam’z Boutique's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (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. We noted the complainant was announced as the competition winner and understood that they had had some communication with Sam’z Boutique with regard to having the prize delivered, but the complainant had not received it. Because we understood that the prize had not been delivered to the complainant, and the advertiser had not provided us with evidence that it had been sent, we concluded that the promotion was 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. 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), 8.15 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. 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
The ad must not appear again in its current form. We told Sam’z Boutique 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.
