Ad description
A prize draw, seen on Furnished in Style’s social media page, offered entrants the opportunity to win a dining table and chairs.
Issue
The complainant, who had been announced as the winner, but had not received their prize, challenged whether the promotion breached the Code.
Response
Furnished in Style Ltd said that the prize had been sent. It had, however, been lost in transit.
Assessment
Upheld
The Code stated that promoters must award the prizes as described in their marketing communications, or reasonable equivalents.
We noted from correspondence supplied by the complainant that they had been informed that they had won the competition and that their prize would be delivered the following week. We understood, however, that the prize had not arrived by that time. The complainant made several enquiries over the course of around four weeks and each time had been told that the prize would be dispatched shortly. We noted that Furnished in Style said the prize had been lost in transit and we asked them to provide documentation that it had been dispatched in the form of dispatch documents. Furnished in Style did not respond to our request.
Because we understood that the prize had not been delivered to the complainant, and because Furnished in Style had not supplied 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. 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. 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. (Sales promotions - administration).
Action
The ad must not appear again in its current form. We told Furnished in Style Ltd to ensure that they awarded the prizes as described in their marketing communications, and that in future promotions, they were able to provide documentation demonstrating the awarding of prizes.
