An Instagram post by TPM The Label, posted 10 November 2020, featured a video with a voice-over describing a prize draw to win 15 sets of two tickets to travel anywhere in the world. The final shot of the video included text that stated “HOW TO APPLY 1. TAG 2 FRIENDS AND COMMENT ON THIS POST AND SAY WHY YOU WOULD WANT TO WIN. 2. FOLLOW @TPMTHELABEL ON INSTAGRAM. 3. LIKE AND SHARE THE LATEST @TPMTHELABEL POST”. Small text stated “TERMS AND CONDITIONS EACH WINNER WILL HAVE £2,000 ALLOCATED TO THEM. THEY WILL RECEIVE THE CHOICE OF TRAVELLING ALONE OR THE OPPORTUNIITY TO TRAVEL WITH ONE FRIEND. YOU MUST BE AGE 16-24 TO ENTER. WINNERS WILL BE CHOSEN ON THE 14/01/2021. TRAVEL MUST BE BETWEEN MAY – SEPTEMBER 2021.”
IssueThe complainant, who was selected as a prize winner but had not received the prize, challenged whether the promotion breached the Code.
ResponseTen Percent Music Elite Group Ltd t/a TPM The Label did not respond to the ASA’s enquiries.
The ASA was concerned by TPM The Label’s (TPM) 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 provide a response to our enquiries and told them to do so in future.
The CAP Code stated that promoters must award the prize as described in their marketing communications or reasonable equivalents, normally within 30 days.
We understood that the complainant was informed that they had won the prize on 15 January 2021, but they had not received the prize. The complainant had contact TPM on a number of occasions and had not received a substantive response.
We understood that the prize draw was to win £2000, which was to be used for travelling. In order to enter entrants were required to: tag two friends, comment on the post saying why they wanted to win, follow TPM on Instagram and like and share the latest TPM post.
We received no information regarding how the promotion had been administered, nor any evidence which showed that the prize had been awarded to any of the winners. We therefore concluded that the promotion had not been administered fairly and was in breach of the Code.
The promotion breached CAP Code (Edition12) rules
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.
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.
Promoters must award the prizes as described in their marketing communications or reasonable equivalents, normally within 30 days.
We told Ten Percent Music Elite Group Ltd t/a TPM The Label to award the prizes as described in their marketing communication, and to do so in future. We referred the matter to CAP’s Compliance team.