A post on the Facebook page for Complete PT Solutions, a personal training service company, dated 14 July 2017, stated “ [warning emoji] EDIT! Last entry will be 7pm tonight (21/07/17) we will then choose the winner, live, at 8pm! [warning emoji]. [exclamation mark emoji] DON’T MISS OUT [exclamation mark emoji]. WIN a Fitbit Charge 2 [muscle emoji]. [warning emoji] HOW TO ENTER (IMPORTANT) [exclamation mark emoji] [tick emoji] LIKE our page if you haven’t already (IF YOU DON’T LIKE YOUR ENTRY WON’T BE COUNTED). [tick emoji] LIKE & SHARE this post. [tick emoji] TAG AT LEAST 3 FRIENDS. [red light emoji] Winner will be announced LIVE next Friday! [red light emoji] #fitness #manchester #cptsolutions”. The post also included an image of a fitbit charge 2.
The complainant, who had been informed that they had won the promotion but had not received the prize, challenged whether the promotion had breached the Code.
Complete PT Solutions Ltd did not respond to the ASA enquiries.
The ASA was concerned by Complete PT Solutions’ lack of response and apparent disregard for the Code, and ruled that they had breached 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 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.
We understood from evidence supplied by the complainant that they had been announced as the winner of the promotion on Facebook. Because we understood that the prize had not been awarded in accordance with the promotion, we concluded that it was in breach of the Code.
The ad 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. 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. (Promotional marketing).
We told Complete PT Solutions Ltd to ensure that they awarded prizes as described in their marketing communications. We referred the matter to CAP's Compliance Team.