Q&As

Who is ‘independent’ when it comes to judging a prize promotion?

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Produced in partnership with Helen Hart of Institute of Promotional Marketing
Published on LexisPSL on 07/03/2019

The following TMT Q&A produced in partnership with Helen Hart of Institute of Promotional Marketing provides comprehensive and up to date legal information covering:

  • Who is ‘independent’ when it comes to judging a prize promotion?
  • When is an independent observer necessary for a prize draw?
  • Who counts as ‘independent’ for a prize draw?
  • When is an independent judge necessary for a competition?
  • So who would be independent?​
  • We are a large organisation, can we use people from other departments in our business?

Who is ‘independent’ when it comes to judging a prize promotion?

Rules 8.24 and 8.26 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) set out requirements for independent judges and observers in the preparation and management of promotional campaigns.

Rule 8.24 states:

‘Promoters of prize draws must ensure that prizes are awarded in accordance with the laws of chance and, unless winners are selected by a computer process that produces verifiably random results, by an independent person, or under the supervision of an independent person.’

Rule 8.26 says:

‘In competitions, if the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member must be appointed. In either case, the judge or panel member must be demonstrably independent, especially from the competition's promoters and intermediaries and from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges should be competent to judge the competition and their full names must be made available on request.’

The CAP Code’s requirements aim to ensure that prize promotions are, and are seen to be, administered properly. This helps to give participants confidence in the

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