We have all received the phone call or sms to say: “Congratulations, you have won!” (Often some exotic holiday), only to find out that you have not won any prize! You are no winner! Oh no! Now you need to attend some meeting, or purchase “points” in terms of some kind of scheme. So where is the so called prize?
This recently happened to someone I know. He received a sms – informing him that he had won R950 000. So we phoned… and what a surprise, after some questions and statements from our side (including of course a reference to the CPA), the person on the other side hung up. And hung up again when we tried to phone again. And again.
So what does the law say?
Before the Consumer Protection Act 68 of 2008 (“CPA”) came into effect, promotional competitions were governed by the Lotteries Act 57 of 1997 and Regulations. These pieces of legislation were difficult to interpret, which resulted in a lot of confusion and difficulty in compliance with the requirements. Since the enactment of the CPA, promotional competitions are regulated by section 36 and regulation 11 of this Act. The CPA does not outlaw promotional competitions. BUT: it regulates promotional competitions – meaning that a lot of rules apply.
A few of the DO’s:
- Check your “offer” to participate (your marketing material) – you need to specify some information during this process (participants should know what they are in for);
- Compile competition rules in accordance with the CPA requirements;
- Instruct an independent party to oversee and certify the conducting of the competition;
- Retain some specified documentation for a period of 3 years.
- A few of the DON’TS
- Don’t tell anyone that they have won a competition if they have not actually won it;
- Don’t charge an entry fee (a requirement that a participant must purchase goods or services to enter will be allowed in certain circumstances);
- Don’t force the winner to be present at the prize draw;
- Don’t force the winner to participate in marketing activities;
- Don’t charge more than R 1.50 for an electronic entry.
We are geared to assist promoters with the review and drafting of their customer facing documentation for promotions, competitions and similar campaigns. We can also assist with the actual prize draw (or oversee the process) and report on your compliance with the provisions of the CPA.