No compers allowed

mjm3346

tgroom57 wrote: »

None of you have noticed comps where the prize mustn't be sold on ? I must be the only person reading the terms & conditions these days.

I read them, Global (Capital, Heart, Smooth etc) and many others have them -

4.4 All Prizes are non-transferable and may not be given, assigned or sold to another person.

pate-ci0

Bradden wrote: »

It's a facebook giveaway.. is that legally the same as a Free Prize Draw I'm no expert and I doubt that they are.

As far as I can see, according to the ASA, the rules defining how a competition or offer of a prize is conducted is not dependent on the medium. That it is promoted on Facebook is irrelevant, it is still a free entry, prize draw, with no skill required. Thus, the winner must be an independent random choice from ALL entrants.

LadyMorticia

I didn't enter this but saw the post about re-drawing winners who he deemed were compers (weren't we all compers as soon as we entered our first giveaway?)

I would have entered if I had seen it because I am a consumer as well as a comper, and my husband is a music producer and so would have much use from the prize. We've been browsing around for new music equipment but guess which company we won't be using now?

vanpopple

Agree LadyM.

I cant believe how some companies dont even realise just how much potential compers have for their business.

I have bought (and won) things i didnt even know existed.
So if i didnt enter competitions i wouldnt have known about these things.

Just because some compers sell prizes, Theres a saying is always true (what goes around comes around) I for one have purchased many items over the years purely because ive seen it in a comp..

stellar

tgroom57 wrote: »

None of you have noticed comps where the prize mustn't be sold on ? I must be the only person reading the terms & conditions these days.

In a recent competition I was surprised to see in the T&Cs that the prize must not be sold on! Rather surprised by this I searched on here and Google but could not find any more information about this condition.

peainapod

Not right at all, they were happy to receive the exposure from the compers through the liking, sharing, tagging and traffic to their website ...

pate-ci0

tgroom57 wrote: »

None of you have noticed comps where the prize mustn't be sold on ? I must be the only person reading the terms & conditions these days.

I would think that this can only apply where the promoter still has control to the point of delivery eg booking a holiday and specifying passengers on a flight. I believe that once goods are in your possession and legally owned by you, no person can specify what you can do with those good subsequently, whether you personally use them, sell them, give them away or destroy them. It would certainly not be reasonable behaviour to forbid the selling on of a car 10 years after you won it for example. Whatever promoters put in terms and conditions, they still must adhere to law, and conditions which are unreasonable such as above, or contradict current legislation cannot be enforced.

Can't find much about this yet, but an interesting article on reselling for profit goods bought cheaply on the internet is worth a look: http://www.steeleslaw.co.uk/competition-law-can-i-stop-my-goods-from-being-resold-on-websites-such-as-amazon-or-ebay/

stellar

pate-ci0 wrote: »

I would think that this can only apply where the promoter still has control to the point of delivery eg booking a holiday and specifying passengers on a flight. I believe that once goods are in your possession and legally owned by you, no person can specify what you can do with those good subsequently, whether you personally use them, sell them, give them away or destroy them. It would certainly not be reasonable behaviour to forbid the selling on of a car 10 years after you won it for example. Whatever promoters put in terms and conditions, they still must adhere to law, and conditions which are unreasonable such as above, or contradict current legislation cannot be enforced.

Can't find much about this yet, but an interesting article on reselling for profit goods bought cheaply on the internet is worth a look: http://www.steeleslaw.co.uk/competition-law-can-i-stop-my-goods-from-being-resold-on-websites-such-as-amazon-or-ebay/

I agree, this is the competition where it says 'cannot be sold for commercial gain'
http://forums.moneysavingexpert.com/showthread.php?t=5749545&highlight=sold+on

The product received as the prize cannot be exchanged or refunded via the website or stores. The product selection must be submitted at one time and cannot be divided.
The product received as the prize cannot be sold for commercial gain via any re-seller or re-selling website.

peainapod

They've now removed the post on their website about re drawing the winner 3 times. They've also blocked me from their page after I pointed out that what they did was unfair and wrong.

ChamomileTao

' I've seen and run competitions when the winner has said "Great.. I'll sell it on ebay". '

I have never seen anyone post anything like this, please provide an example?

Even if you did intend to sell the prize - which is your right given it is now your personal property - who would be daft enough to say so as soon as they won.