Ad description

A flyer for Unity Nightclub, seen in July 2017, stated “Saturday 15 July 2017, Ibiza Giveaway Holiday for 2 inc flights, hotel, itinerary to Ibiza in August 2017, date TBC”. Text below this stated “You must be in the building on Saturday for winner announcement at 1am”.

Issue

The complainant, who said that they had been announced as the winner but had not been awarded the prize, challenged whether the promotion had been administered fairly.

Response

Unity Bar Group Ltd t/a Unity Nightclub did not respond to the ASA’s enquiries.

Assessment

The ASA was concerned by Unity Nightclub’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 told them to do so in the future.

Upheld

The ASA noted that CAP Code rule  8.28.5 8.28.5 Promoters must either publish or make available on request the name and county of major prizewinners and, if applicable, their winning entries except in the limited circumstances where promoters are subject to a legal requirement never to publish such information. Promoters must obtain consent to such publicity from all competition entrants at the time of entry.  Prizewinners must not be compromised by the publication of excessive personal information  stated that promoters must either publish or make available on request the name and country of any major prize winners. We further noted that 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.  stated that promoters must award prizes as described in their marketing communications or reasonable equivalents. We understood from the complainant that they had been announced as the winner and had been in the building at the time, but we noted that Unity Nightclub had not published or made available this information. We also did not receive any evidence to demonstrate that Unity Nightclub had awarded the prize. We therefore concluded that the promotion was not administered fairly.

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.  (Promotional marketing) 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),  8.27 8.27 Withholding prizes (see rules 8.15.1 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.  .2) is justified only if participants have not met the qualifying criteria set out clearly in the rules of the promotion.  and  8.28.5 8.28.5 Promoters must either publish or make available on request the name and county of major prizewinners and, if applicable, their winning entries except in the limited circumstances where promoters are subject to a legal requirement never to publish such information. Promoters must obtain consent to such publicity from all competition entrants at the time of entry.  Prizewinners must not be compromised by the publication of excessive personal information  (Prize promotions).

Action

We told Unity Nightclub to publish or make available on request the name and country of any major winners of its prize promotions. We also told Unity Nightclub to ensure that prizes were awarded as described in marketing communications and promotions were fairly administered. We advised them that in respect of this promotion they should award the prize as described (or a reasonable equivalent) to the complainant.

CAP Code (Edition 12)

1.7     8.15.1     8.2     8.27     8.28.5    


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