When
Suzie Verrico won a competition run via the wrappers of chocolate
bars to enter the Big Brother house this summer, the Advertising
Standards Authority received a large number of complaints by
competition entrants claiming that it was not a fair competition,
as advertised.
The ASA oversees rules regarding what constitutes a fair lottery
and whether or not lotteries are fairly advertised. It found that
while some of those rules had been broken, the allegations that the
competition had been rigged were unfounded.
The rules state that a draw has to be made in accordance with
the rules of chance and that it must be overseen by an independent
observer. It found that the draw was made in line with the rules of
chance but that the independent observer did not have adequate
access to the competition.
The draw was made live on television by the picking out of the
winning numbered ball, which corresponded to a numbered contestant,
from a machine. "The ASA noted an independent observer from
Electoral Reform Services (ERS) had signed a check-sheet to show 34
individually numbered balls (one for each Golden Ticket holder)
were placed in the machine, and the slow motion footage of the draw
showed there were numerous different numbered balls in the machine,
and the ball drawn was undoubtedly number 14 [Verrico's ball],"
said an ASA ruling.
"We investigated whether the promotion was conducted in
accordance with the laws of chance. On this point, the
promotion did not breach CAP Code clause 35.7 (Prize
promotions)."
The ASA did find, though, that the observer was not given
adequate access to the draw. "We noted an independent observer was
present as the balls entered the machine, but not in the period
immediately before the draw or at the time the draw took
place. Because we considered that an independent observer
should have been present and watching throughout the process of the
draw and particularly at the point the winning ball was drawn, we
concluded that the draw was not conducted under the supervision of
an independent observer."
Producers Endemol, broadcaster Channel 4 and confectioner Nestlé
argued that the rules of Big Brother kept the observer away because
outsiders cannot come into contact with contestants and that a
second observer was watching the draw at home on television, but
that argument was rejected by ASA which upheld the complaint that
the draw was not independently observed. "We told the promoters to
ensure that future promotions were carried out in accordance with
the Code," said the ASA.
