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Competition Claim Refused


jambo862
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Hi, I have recently entered an online competition, for this I had to enter a code from a bottle of cider on to the website in question and then see if you win.

 

Anyway, I entered my code, and then recieved a message saying that I had won a holiday, and to send off my winning label and my contact details to them.

 

I followed their instructions to the letter.

 

I have now been told that my code was a losing one, and they will not honour my win.

 

I have broken none of their terms, and I have entered the code on my label.

I recieved the winning screen, and sent off a screen print of this with my label and details. Therefore I believed I have won, I don't see why this should be stripped from me because of their error.

 

Does anyone know where I stand on this, can I pursue this?

 

Thanks in advance for any help

 

Jambo

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What evidence did you retain?

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Unfortunately, competition contracts are not generally enforceable.

 

Who was runnng the competition? Who was the beneficiary of whatever expenditure required to enter it?

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I've retained a screenprint of the winning screen, a screenprint of the terms and conditions, a copy of the letter with my contact details, a copy of the "winning" label, and the reciept for the recorded delivery sending of the claim.

 

The competition was run by Brothers Cider, and can be found at Brothers Passport.

 

It was a label found on the bottle and a purchase was required to enter.

 

It does state in the terms that winners will be notified instantly on screen, and thats what happened, so I don't see why my claim can be refused.

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I think you should start by writing an official complaint to the company at its H/O...

 

Brothers Drinks Co. Limited

Shepton Mallet

Somerset

BA4 5BY

 

Include copies (further copies) of the evidence you have retained and suggest that you will give them this final opportunity to honour the rules of the competition, otherwise you will be forced to take your complaint to the local press (local to the brewery).

 

The terms of entry do not require a purchase and other elements of this competition mean it is not considered a lottery (as far as I can see) so they do not need a licence for this - which is a shame!

 

The only other help I can see from a quick search is through

The British Code of Advertising, Sale Promotion and Direct Marketing (known as 'the CAP Code') which sets out certain additional rules which should be followed when running prize promotions.

 

If you get no joy in your complaint, it might be worth finding out if they have any teeth. I suspect not, but you never know!

 

Running a competition | OUT-LAW.COM

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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...It was a label found on the bottle and a purchase was required to enter...

 

The T&Cs state that free entry is possible.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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