Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Instant wins are prize draws in which consumers either get their winnings at once or know immediately whether they have won. Promoters must ensure that, if they cannot provide the winnings immediately, winners are able to find out what they have won and how to claim and can claim without delay, unreasonable costs or administrative barriers. Instant-win tickets, prizes, tokens or numbers must be awarded in a fair and random way that has been independently audited (Rule 8.25).
Promoters should be aware that any delay in consumers finding out whether they have won could breach the Code. In 2006, the ASA adjudicated against an on-pack promotion that claimed "Win instantly with this pack" because consumers had to enter a promotional Code and their contact details into a website before finding out whether they had won (Bic UK Ltd, 13 December 2006). As well as not allowing promoters to describe their promotions as “instant win” if participants had to check on a website, the ASA has ruled that promoters of scratchcards should not require ‘winners’ to call a premium-rate number to find out the nature of their prize and how to claim it (TGS, 5 October 2005, and Thus plc, 2 April 2003 [complaint 5]). But promoters may make claims such as “find out now if you are a winner” or “enter your code online to find out instantly if you have won”.
This advice is designed to be read in conjunction with the Sales Promotion section of the CAP Code and the other entries in this advice section. Also, promoters might want to seek legal advice.
Last modified : 29 March 2012