Who is the promoter in a giveaway run by several brands?

The ASA says promotions in which more than one party benefits, for example in branding, promotion or revenue, are joint promotions, and that in these all parties are considered responsible and will be named by the ASA in the event of a complaint. There is no single nominated promoter in that guidance.

Does an influencer running a giveaway for a brand count as a promoter?

The ASA says the promotional marketing rules apply to promotions wherever they appear and whoever runs them, whether brands or influencers run promotions on their own platforms or work together as joint promoters. If the influencer benefits, assume they are responsible too.

Which name and address should a joint giveaway show?

Rule 8.17.9 of the CAP Code says the promoter’s full name and correspondence address must be stated. The code does not set out how that works with several promoters. A sensible approach is to name every brand taking part and give one correspondence address for the whole promotion. That is practice, not a rule, so check with the ASA’s Copy Advice team if you are unsure.

Does a draw certificate make a joint giveaway compliant?

No. A certificate is evidence that the winner was picked at random, which rule 8.24 requires you to hold. It does nothing for the significant conditions, the promoter details or how prizes are delivered.

Joint giveaway: who is the promoter?

Five brands each put up a prize, one account runs the post, one winner is drawn per prize. Who is on the hook if it goes wrong? The instinctive answer is the account that ran it. The ASA says otherwise.

What the ASA says

ASA advice, promotional marketing

Promotions in which more than one party benefits, for example in branding, promotion or revenue, are joint promotions or co-promotions. In these, all parties are considered responsible and will be named by the ASA in the event of a complaint.

That is a paraphrase of the ASA's published advice. Two consequences follow. There is no rule that one brand must be the single promoter while the others sit safely in the background. And handing the paperwork to the biggest brand does not move the responsibility off the rest.

Does supplying a prize make you a promoter?

Not automatically. The ASA says a company that provides the prizes is not necessarily a joint promoter, but will be considered one if it benefits. The test is benefit, not who drew the winner. A brand that is tagged in the post, named in the terms, or gains followers from the giveaway has probably benefited. A brand that quietly posts a parcel to a winner and is never mentioned is the clearest case of a supplier only.

If you are not sure which you are, assume you are a promoter. It costs nothing to behave like one and a good deal to find out otherwise from a complaint.

What the code requires of every promoter

Rule 8.1: promoters are responsible for all aspects and all stages of their promotions. In a joint promotion that is each of you.
Rule 8.17.9:the promoter's full name and correspondence address must be stated.
Rule 8.24: prizes in a prize draw must be awarded in accordance with the laws of chance, by a computer process that produces verifiably random results or by an independent person.

The code does not say how 8.17.9 works when there are several promoters. A sensible reading is to name all of them and give one address people can write to. That is practice, not a rule, and the ASA's Copy Advice team will answer a specific question if you are not sure.

Settle this before the post goes live

Who benefits? List every brand that will be named, tagged or promoted. Treat each as a promoter.
Who does what? Agree in writing who collects entries, who draws, who contacts winners, who ships each prize, and who handles a complaint. An email thread is enough.
Who holds the evidence? Agree where the entry list and the draw record are kept, and that every brand can see them.
What if a prize is not sent? The winner will blame the giveaway, not the one brand that failed. Decide in advance who steps in.
What goes in the terms? Every promoter named, one correspondence address, the closing date, how to enter, the prizes, who can enter, and how winners are chosen and told.

The significant conditions belong in the post itself or one click away from it, before anyone enters. Burying them in a profile link nobody opens is how most giveaway complaints begin.

One pool, one draw

If every brand runs its own draw from its own followers, you have five separate giveaways and five sets of evidence. If you promise one entry pool, run one draw. Pick all the winners from that single list with a verifiably random process, then decide who gets which prize. The guide to picking a giveaway winner fairly covers the draw and the record, and multiple winners, multiple prizes covers how to allocate prizes without it looking arbitrary. Say in the terms which method you will use.

This is a plain English summary of the ASA's published advice, not legal advice. The ASA and CAP offer free advice on prize promotions. If entry costs money or requires a purchase, different rules apply, so check with the Gambling Commission first.

Where Prize Desk fits

Prize Desk can collect entries through one link, draw all the winners from the one pool, and issue a certificate that every brand can check at a public link. The certificate is evidence of a random draw and nothing more: it does not name your promoters or write your terms. It is free and takes no payment.

Set up a draw Free terms generator

Sources, checked for this page: the ASA advice on promotional marketing in general and prize draws in social media, and CAP Code section 8. Rules can change, so check the current wording before you rely on it.