The ASA has found that a giveaway promoted by influencer, Molly-Mae Hague, on her Instagram account, was in breach of the CAP code because the prize advertised was not awarded fairly and in accordance with the laws of chance. The prize was made up of a number of luxury branded goods including Louis Vuitton and Apple products. Twelve complainants challenged whether the promotion was administered fairly because it was believed that not all participants were entered into the prize draw.

Molly-Mae responded that she did not believe that her Instagram post was a promotion or advertisement which fell under the scope of the CAP Code because the giveaway was neither a paid partnership, nor affiliated with any of the brands shown. However, the ASA disagreed. The post constituted a time limited opportunity to be entered into a competition in exchange for liking a post, tagging friends, subscribing to Molly-Mae’s channel and following Molly-Mae’s Instagram accounts, one of which was her tanning brand, “Filter by Molly Mae”. Molly-Mae had been overwhelmed by entrants to the giveaway. For this reason, the promotion was not administered fairly and was in breach of the CAP Code.

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