▬Prize Form Open the partner account
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Prize Form / The winner
Clause 06

Selected, notified, and sometimes named

Between entering and receiving a prize sits a decision that is rarely described: how the winner was chosen, who watched, and how the news is sent. Those three things decide how much of a claim a reader can evidence, and whether a winner can keep the win to themselves.

Claim stub
Claim
PF-54-07
Subject
Selection and notice
Methods
draw / witnessed draw / judging
Publicity
often a condition
Money2 forms: a credit to a balance, a payment to an account in your name
A buyer3 forms: a voucher, a thing with a market, a personalised thing with none
Attendance1 form: an experience that can only be attended, on a date
A condition2 forms: credit behind a condition, points locked to a product
Direct answerA winner is selected by a random draw, a draw witnessed by an independent party, or a judging panel that ranks entries against published criteria. The method should be stated in the terms. Notification then goes out through the channels the terms name, and many promotions make participation in publicity a condition of the prize, which means a winner may be named publicly or asked to take part.
Draw: random selectionWitnessed: an auditor sees itJudged: ranked against criteriaNotice: the channels in the terms

Three ways a winner is chosen

random The draw

Entries are pooled and one is selected at random. The mechanism may be a certified random-number generator or a physical draw, and the terms usually name which. Nothing about the entry affects the outcome, and the record is the promotion's list of entries plus the result.

witnessed The witnessed draw

The same draw with an independent party present - a notary, an auditor, a member of staff from outside the team that ran the promotion. The witness produces a statement, and the statement is what makes the result verifiable by somebody who is not the promoter. Where the terms mention a witness, that document can usually be requested.

judged The panel

Entries are scored against published criteria: a photograph, a slogan, a video, a reason for entering. Judged promotions are the ones where a reader is most likely to disagree with the result, and where the terms are most likely to say the decision is final. The conditions page covers that clause.

How the notification is sent

The channel matters more than the wording, because the claim window runs from the notification rather than from the reading. Notifications are sent by email to the address on the entry, by a message in an account the winner holds with the promoter, by telephone or text where a number was supplied, and sometimes by a public announcement that names the winner or a winning entry number.

Two practical consequences follow. Where the terms list an account as a notification channel, a winner who has stopped opening that account is still treated as notified. And where the terms permit a public announcement instead of a private message, the claim window may start from a notice the winner never saw - which is why the claim window recommends knowing the channel before entering.

Being named as a winner

Publicity is frequently a condition of the prize rather than a request. Where the terms say that accepting a prize includes consent to the use of the winner's name, region and a photograph, a winner who declines may be treated as having declined the prize. Where they say the promoter may use a winner's details, the reader should check whether that permission has a term and an address for withdrawal, because promotional consent that expires is different from consent that does not.

Those clauses are written in the same place as the advertising's own conditions, and the advertising desk in this series covers what a promotion may claim about a winner and what it must qualify. On this page the only point is that a reader deciding whether to enter should know whether entering includes being named.

Worked example - evidence a winner can actually hold (illustrative) What exists after each step, from the reader's side: after entering: an entry reference and, if the promotion provides one, a confirmation after the draw: nothing at all, unless the terms promise a result on request after the notification: the notification itself, which is the start of the claim window after the claim: the claim submission and its acknowledgement after verification: confirmation that the four tests were passed after delivery: a carrier's tracking record, not the promotion's Steps that produce evidence the reader can keep, out of six: 5 Steps that produce publicity and no document: 1 The useful number is not five of six; it is the one that is missing. Nothing before the notification gives the reader a record to point at, so a claim that the notification never arrived has no counterpart document to argue with, which is why the terms name a deemed-received moment.

If the notification never arrives

  1. Check every channel the terms name, including spam folders, the message centre of an account the reader holds, and the promotion's own results page if it publishes one.
  2. Write to the promotion before the window closes, quoting the entry reference and asking whether the entry was selected. A written question inside the window is a claim in substance even where the notification was missed.
  3. Ask for the witness statement or the result record where the terms mention a witnessed draw. The record is the only thing that can establish whether the entry was in the pool.
  4. Keep the correspondence and, if the window closes without an answer, take it outside the promotion through the consumer route for the promotion's territory rather than through a further email. The escalation desk covers that path in general terms.