The Advertising Standards Authority has upheld a complaint against DFSK van distributor Vestatec Automotive that suggested customers could win a mini van by taking a test drive.
The advertisement, which appeared in the national press, started: “Win a DFSK when you take a test drive.”
The complainant challenged whether the promotion had been administered fairly because he understood the advertiser had withdrawn it due to a lack of entries.
But Vestatec said it had delayed the prize draw that it had scheduled for 8 January 2014 due to an oversight rather than to a lack of entries. The company said the prize draw had eventually taken place during the week commencing 24 March and that it had notified the winner that week.
DFSK, which markets the Loadhopper minivan, provided a copy of the prize draw entry form, which included the terms and conditions of the promotion.
However, the ASA upheld the complaint because it said DFSK had failed to conduct the draw on the date stated in the terms and conditions and noted that the draw had not taken place until 11 weeks after it was supposed to.
The ASA concluded that DFSK had not ensured the promotion was conducted under proper supervision or that adequate resources were made available to administer it.
It acknowledged that DFSK had conducted the prize draw and corresponded with the winner in March to arrange details of the prize but said this had not happened until after the ASA had contacted the vehicle importer about the complaint.
The ASA said DFSK had withheld the prize without justification until that time. It said the firm had “not conducted the promotion equitably, promptly or efficiently and had not dealt fairly and honourably with participants”.
The ASA told DFSK to ensure future promotions were conducted under proper supervision and that they had adequate resources to administer them.