East Midlands Railway axed a £5,000 ideas prize over 'poor' entries; ASA ruled it unfair

In February 2021, East Midlands Railway (EMR) opened a two-week 'Build Back Better' competition on its website. Passengers were invited to share creative ideas to improve train journeys and wellbeing, and the winner's idea would become a reality and win £5,000. Managing director Will Rogers was quoted as saying: 'We welcome all ideas; No idea is too small!'

The ASA said the competition was cancelled shortly after launch. EMR told customers it had received poor-quality entries. In April a complainant asked the ASA whether cancelling it breached the rules. EMR told the regulator the competition was a contractual obligation under its franchise agreement, conceived before the pandemic, that it went ahead hoping to generate ideas, and that it received many entries it thought poor, none suitable to implement. It also said it was starting to see the pandemic's financial impact on rail services.

In September 2021 the ASA ruled that the competition breached the code governing promotions. It said that by cancelling for these reasons and not awarding the prize, Abellio, EMR's parent, had not dealt fairly with participants and had caused unnecessary disappointment.

An ASA ruling that EMR breached the promotions code and caused unnecessary disappointment; the £5,000 prize was never awarded.

The competition was a franchise-agreement obligation conceived before the pandemic, launched anyway, and then judged by EMR to be not worth following through.

EMR said it received many entries it considered poor and that none was suitable to implement.

The ideas contest promised a £5,000 prize and an implemented idea, but EMR cancelled it without awarding either.

EMR said it was starting to see the financial impact of the pandemic when it cancelled.

A prize promotion is a promise. If you advertise a prize for the best idea, set the judging bar, the fallback and the right to cancel in the rules before launch.

The ASA warned EMR to make sure it awards prizes in future competitions as described in its marketing. An EMR spokesperson said it had taken the recommendations on board and would not be progressing any submissions at this time. In June 2021 the company announced it was reducing regional services until December.