Competitions Discussion Thread Part 6

thenanny2die4

Quite honestly, if he requested that you send your details within 21 days and that 21 days is not up, it really shouldn't matter whether or not he received your previous email.

Try to summon up the courage to ring him again; I know it's so much less confrontational to use email but if you can engage the guy in conversation and try to get some sort of rapport going, you may do better. Also, the email route allows him time to think of answers/excuses before replying.

Is this a large company who can afford to replace the prize if he really has re-awarded it?

Ms_Chocaholic

Here's the T&C
Terms and Conditions

• The closing date for entry is May 31st 2008. The prize winner will be chosen at random and will be contacted by email within 10 days of the closing date.
• The Company operate a strict privacy policy, and the email address you give will not be shared with any third parties
• By submitting this form, you grant the Company permission to periodically send you emails with news of the latest offers.
• You may opt out at any time by clicking the "unsubscribe" link at the bottom of the newsletter
• Entry is free and no purchase is necessary to enter this competition
• Only one entry per person is allowed. Once subscribed to our newsletter you will not be able to enter our future competitions.
• Only valid and complete entrIes will be accepted. Entrants are responsible for ensuring the information given is correct.
• In the event that the winner does not respond within 21 days of being notified, the prize will instead be awarded to the next randomly chosen entrant
• The name of the winner will be published on the company’s web site as well as the first newsletter after the closing date.
• No cash alternative will be offered
• This competition is restricted to UK residents only. It is not open to employees of the Company employees, affiliates, their family or agents
• In the event of a dispute the decision of the Company will be final

Ms_Chocaholic

It is worth noting that I was not informed of the prize until 31 July, which is clearly in breach of their T&C which stated that winners would be contacted by 9/10 June. Not sure if this is relevant tho.

lilias

Whenever I have a problem like this, with a prize, I tend to write a fairly long email or letter going through what has happened step by step. It's an opportunity to put everything on record - which is good if I have to send a copy to the ISP or whoever. It also lets the comp promoter know that I'm not going quietly away.

In your case, I 'd begin by saying how disappointed I am by his response particularly since he appears to have broken his own terms and conditions.

I would then sum up the contents of the winning email including the 21 days.

I'd give proof that I had replied within the 21 days. And in fact that my second email fell within 21 days too.

I'd point out that he had broken the terms by giving the prize away within 21 days (quote his own words at this point)

Say that you await his response.

lilias

Ms_Chocaholic wrote: »

It is worth noting that I was not informed of the prize until 31 July, which is clearly in breach of their T&C which stated that winners would be contacted by 9/10 June. Not sure if this is relevant tho.

All breaches of T & Cs are good ammunition if you need to take it further.

Did your name actually appear on the website?

Ms_Chocaholic

Ooooooooooooooooooooooooh I've just sent the email to him.

Lilias - no my name never appeared on the website but I can find no info on their website regarding comp winners at all.

Ms_Chocaholic

Is this a large company who can afford to replace the prize if he really has re-awarded it?


I would well imagine they can afford to replace it, they are a company that sell products online.

Cheeky_Chicken

Ms_Chocaholic wrote: »

Is this a large company who can afford to replace the prize if he really has re-awarded it?


I would well imagine they can afford to replace it, they are a company that sell products online.

I've found the comp you won even though you didn't post a link, and would say they can definitely afford to replace. I've also had a quick look at the newsletters I've received from them and can't see they've ever named a competition winner even though the t+c say they will

[Deleted User]

I posted yesterday about a prize i won in May that hasn't been sent out.

Heard from him today and he was going on about mortgage payments, putting food on the table for his family etc and that I'd just have to wait :rolleyes: Yet in the meantime has been offering other comps and prizes!

Have contacted The Institute of Sales Promotions and heard from Edwin I believe. He seems great and said he'd investigate but does anyone know what they can actually do? Is it just scare tactics? Can they issue fines? How does it work?

lilias

From the ISP site -

Deliver your prizes - or else...

The ISP has long been concerned about the increasing number of complaints which allege non-receipt of prizes. Prizes which are communicated to winners never materialise.

The ISP recently helped Maureen to obtain a £1,000 prize after two years of trying.

Maureen entered a competition in a gardening magazine and won a £1,000 Garden Makeover. The prize never materialised as the gardening contractor retained by the magazine went into liquidation. The magazine then attempted to say it had no more responsibility.

Maureen spent six months in correspondence with the magazine only to reach an impasse. She then contacted the ISP, who having established that the magazine was in fact the promoter of the competition advised her that the contractor's demise was immaterial. A promoter is responsible for every aspect of a promotion including delivery of the prize.

The ISP spent a year in correspondence with the promoter with no result. It therefore advised Maureen to go to the Small Claims Court where she won an uncontested case. She subsequently received the £1,000 prize plus £120 costs. The ISP would have liked some recognition in the settlement of Maureen's two year wait and all the aggravation involved for her, but the judge felt this was "over the top".

The ISP reiterates that promoters must accept responsibility for all aspects of their promotions and will not hesitate to advise a course of court proceedings in similar cases.