A practical legal guide for winners, promoters, and counsel (Philippine context).

1) The core legal idea: a promo prize is an enforceable obligation

In Philippine law, a legitimate sales promotion (“promo”) creates binding obligations once a participant wins according to the published mechanics. The promo’s mechanics function like a contract of adhesion (pre-written terms drafted by the promoter). When the winner satisfies the requirements (e.g., proof of identity, claim forms, submission deadlines), the promoter’s duty to deliver becomes demandable.

If the prize is not delivered after the winner has complied, the situation typically becomes a dispute over:

Breach of obligation / breach of contract (Civil Code), and/or
Consumer protection violations (Consumer Act; DTI rules on promotions), and possibly
Deceptive, unfair, or fraudulent practices (consumer law and, in extreme scam cases, criminal law).

2) Main authorities and where they matter

A. Civil Code (Obligations and Contracts)

The Civil Code governs:

Perfection of obligations (when the duty to deliver arises),
Delay (mora) and consequences,
Damages (actual, moral, exemplary in proper cases),
Interpretation of contracts (especially ambiguous terms).

Key civil concepts in undelivered prize disputes:

Obligation to deliver: Once the promoter confirms the win and the winner complies, delivery is due.
Delay: If the prize is due and the promoter fails to deliver after demand (usually a written demand), the promoter may be in delay and liable for damages.
Ambiguities construed against the drafter: If mechanics are unclear, interpretation often goes against the promoter who drafted them.

B. Consumer Act of the Philippines (R.A. 7394) and consumer protection policy

Promos touch consumer protection because they are tied to the marketing of goods/services. Consumer law principles commonly invoked:

Truth in advertising and fair dealing: Promos must not mislead or bait consumers with prizes that are not delivered.
Unfair or unconscionable sales acts: Overly one-sided mechanics, hidden restrictions, or post-win hurdles may be challenged.

C. Department of Trade and Industry (DTI) regulation of sales promotions

DTI commonly regulates promotions directed to consumers (especially those that require purchase, participation, or are marketing-driven). In practice, promoters often need a DTI permit and must implement the promo exactly as approved, including:

Clear mechanics,
Winner selection procedures,
Claiming and delivery procedures,
Replacement rules if the prize is unavailable,
Timeframes for distribution.

Why this matters: If you have an undelivered prize, DTI is a primary venue for complaints and enforcement in many promo disputes (especially consumer promos).

D. Local government / barangay conciliation (Katarungang Pambarangay)

Some disputes between individuals may require barangay conciliation first. Against corporations, applicability varies by circumstances and venue rules, but it can still be a practical step for settlement if accessible and accepted.

E. Courts (Small Claims / Regular Civil Actions)

If settlement and DTI processes fail—or if the case is not within DTI’s practical scope—the winner may go to court:

Small Claims: For money claims within the allowable threshold and qualifying cases (procedural, typically no lawyers required; rules evolve).
Regular civil action: For larger claims or claims seeking broader relief/damages beyond small claims.

F. Criminal law (only for true scams or fraud patterns)

If the “promo” is a sham or the organizer never intended to deliver, facts may fit fraud-related offenses. This is fact-sensitive and not automatic. Most legitimate promo disputes are civil/administrative.

3) Typical “undelivered prize” scenarios—and the legal angle

Scenario 1: Winner complied, promoter confirmed, but prize never arrived

This is the classic case of breach of obligation. Your strongest facts are:

Proof of winning (official notice, screenshot, email/SMS, call log),
Proof of compliance (IDs submitted, forms, receipts, courier address confirmation),
Proof of follow-ups and promises (messages, tracking requests).

Scenario 2: Prize shipped but “lost” or “returned to sender”

Key question: Who chose and controlled the courier and shipping process?

If the promoter selected the courier, the promoter is usually expected to ensure actual delivery or provide a remedy (reship/replacement).
If the winner insisted on a particular courier or arranged pickup, the risk analysis can shift.

Practical rule: unless mechanics clearly and fairly allocate risk (and those terms were disclosed and reasonable), promoters are generally expected to make winners whole.

Scenario 3: Promoter claims “out of stock,” “substituted prize,” or “cash equivalent”

Legality depends on the mechanics:

If substitution is allowed, it must be equivalent and not a downgrade.
If substitution was not disclosed, post-win changes can be challenged as unfair/deceptive.
If cash conversion is offered, check whether it is optional or imposed.

Scenario 4: Winner “missed the claim period,” but promoter’s process was unclear or impossible

Promoters can impose reasonable claim periods, but issues arise when:

The winner was not properly notified,
The claim process required unreasonable steps or sudden additional requirements,
The promoter’s own delay caused the lapse.

Scenario 5: “Winner must pay fees/taxes/shipping to release the prize”

Be extremely cautious:

Legit promoters may require tax documentation or withhold required taxes for certain prizes—but the winner being asked to pay “processing,” “release,” “insurance,” or random fees is a common red flag.
If fees are not in the approved/published mechanics, demanding them can be abusive or fraudulent.

4) Your rights as a winner (practical checklist)

You generally have the right to:

Receive the exact prize stated in the mechanics (or a properly disclosed equivalent substitute).
Transparent delivery timelines and tracking/acknowledgment.
Fair claim requirements (reasonable IDs, authorization letters if needed).
A remedy if the promoter fails to deliver—replacement, re-delivery, or an equivalent value, depending on mechanics and fairness.
Access to complaint mechanisms, particularly through DTI for many consumer promos.

5) The promoter’s defenses—and how to evaluate them

Promoters commonly argue:

A. “You didn’t comply with requirements.”

Counter with:

Submission receipts, email sent items, screenshots, timestamps,
Evidence you asked for confirmation and they acknowledged receipt.

B. “You gave an incorrect address / couldn’t be reached.”

Counter with:

Proof of your correct address submission,
Proof you responded promptly,
Evidence courier never attempted delivery (no call logs, no delivery attempt reports).

C. “Force majeure / unforeseen events.”

Even when delays are excused, non-delivery usually still requires a plan to complete performance when possible (or provide a reasonable alternative if performance becomes impossible), depending on facts and mechanics.

D. “We can substitute / redeem later.”

This is valid only if:

Clearly stated in mechanics,
Not unconscionable,
Implemented in good faith (equivalent value).

6) Step-by-step: what to do when your promo prize isn’t delivered

Step 1: Consolidate your evidence (do this first)

Create one folder with:

Winning notification (SMS/email/DM, screenshots),
Promo mechanics (poster, website page, T&Cs),
Claim forms and your submitted documents,
Proof of submission (email sent, upload confirmation),
All communications and follow-ups,
Any tracking numbers or courier info (even if incomplete),
Dates: when you won, when you submitted requirements, promised delivery dates.

Step 2: Send a clear written demand (email + message)

Keep it factual. Include:

Your full name and contact details,
Promo name, dates, permit number (if available), prize description,
Date you were declared winner and date you complied,
A deadline to deliver or propose a remedy (e.g., 7–10 business days),
Request for written confirmation, delivery schedule, and tracking,
Notice that you will file a complaint if unresolved.

(A demand letter template outline appears later.)

Step 3: Escalate internally (customer service → compliance/marketing → legal)

Ask for:

Assigned case/reference number,
Name and position of the handler,
Specific delivery date—not “soon.”

Step 4: File a complaint with DTI (common route for consumer promos)

DTI often facilitates:

Mediation/conciliation,
Verification of promo permit/mechanics,
Directing promoters to comply with approved mechanics,
Administrative enforcement where appropriate.

What to attach: everything from Step 1 plus your demand letter and any non-response.

Step 5: Consider court options if the prize is high-value or time-sensitive

If the dispute is essentially a money claim (cash prize equivalent, reimbursement, etc.), explore small claims if within thresholds and appropriate.
If you want broader damages or non-monetary relief, consider a regular civil action with counsel.

7) Remedies you can seek (administrative + civil)

Depending on facts, mechanics, and venue, typical remedies include:

A. Specific performance (deliver the prize)

This is usually the primary remedy: “Deliver what you promised.”

B. Replacement or equivalent value

If the specific prize is no longer available, you may seek:

An equivalent item, or
A cash equivalent (if fair and justified), especially where substitution is permitted or specific performance is impossible.

C. Damages (when justified)

Possible categories:

Actual damages: documented costs (transport, notarization, repeated submissions, documented expenses).
Moral damages: only in proper cases (e.g., bad faith, serious distress supported by facts).
Exemplary damages: in cases showing wantonness or bad faith.
Attorney’s fees: in specific circumstances allowed by law.

D. Administrative sanctions (DTI side)

These are not “paid to you” like damages, but pressure compliance and deter abusive promos.

8) Evidence standards that win cases

Undelivered promo disputes are won by timelines + documents. Strong proof includes:

Screenshot of official win announcement with date/time,
Mechanics showing the prize, claiming, and delivery rules,
Proof you submitted requirements within deadlines,
Acknowledgment from the promoter (“received your documents,” “for delivery”),
Repeated follow-ups and unmet promises,
Any admissions (“we ran out,” “we will just…”) contradicting mechanics.

Tip: Make a one-page chronology:

Date won → date complied → promised delivery date(s) → follow-ups → present.

9) Red flags that the “promo” may be fraudulent (scam indicators)

Treat it as high risk if:

You’re asked to pay “release fees,” “processing fees,” “insurance,” or “delivery fees” that were not clearly disclosed,
Communication channels are unofficial or constantly changing,
There is no verifiable business identity,
They push urgency and secrecy,
The “prize” is used to harvest personal data beyond what is reasonable.

In these cases, preserve evidence and consider reporting to appropriate agencies; avoid paying.

10) Special issues: taxes, identity, and data privacy

Taxes

Prizes may have tax implications, and promoters sometimes require:

Tax forms or TIN details,
Withholding arrangements for certain prize types/amounts.

A legitimate promoter should clearly explain why data is needed and what will be withheld or reported—consistent with mechanics.

Data Privacy

Winners typically submit IDs and personal information. Promoters should:

Collect only what’s necessary,
Secure the data,
Use it only for prize fulfillment and lawful compliance,
Provide clear privacy disclosures.

If you suspect misuse, document it; it can support a complaint.

11) Practical demand letter outline (winner to promoter)

You can adapt this structure:

Subject: Demand for Delivery of Promo Prize – [Promo Name], [Date Won]

Identify yourself and the promo: full name, contact number, promo name, prize.
State facts chronologically:
- Declared winner on [date]; notified via [channel].
- Complied with requirements on [date]; submitted [documents].
- Promoter acknowledged on [date] / promised delivery by [date].
State the breach: prize remains undelivered despite compliance.
Demand: deliver the prize (or confirmed equivalent remedy) within a set period (e.g., 7–10 business days).
Request specifics: delivery schedule, tracking details, and name of accountable officer.
Reserve rights: if unresolved, you will file a complaint with DTI and/or pursue legal action.
Attachments list: screenshots, mechanics, proof of submission, communications.

Keep it calm, factual, and deadline-driven.

12) Guidance for promoters (to avoid liability and complaints)

If you run promos in the Philippines:

Make mechanics clear, complete, and consistent with actual capacity to deliver.
Maintain a verifiable audit trail: winner selection records, notices, acknowledgments, delivery logs.
Use a delivery method with trackable proof of receipt.
Don’t impose post-win requirements not in mechanics.
If substitution is possible, define equivalency standards and winner consent procedure.
Train customer service to avoid vague promises; provide firm timelines and escalation paths.
Secure winner data and dispose of it properly after purpose is fulfilled.

Bad promo execution isn’t just “PR risk”—it’s regulatory + legal exposure.

13) Quick FAQs

Is a promo prize legally enforceable? Yes—if the promo is legitimate and the winner complied with the mechanics, the obligation to deliver is generally enforceable.

Do I need to send a demand letter before filing a complaint? Not always required, but it helps establish delay and demonstrates good faith. It also strengthens your narrative.

What if they say the claim period expired? If you were notified properly and truly missed it, the promoter may rely on that defense. But if notice was unclear, requirements were unreasonable, or the promoter caused delays, you can challenge the fairness and enforcement of the lapse.

What if the prize is time-sensitive (tickets, travel, events)? Ask for an immediate equivalent remedy—replacement dates, upgrades, or refund/cash equivalent—because specific performance may become impossible as time passes.

Can I claim damages for stress and inconvenience? Possible, but not automatic. Stronger if you can show bad faith, repeated deceptive promises, or abusive conduct—plus concrete harm.

14) Bottom line

For undelivered promo prizes in the Philippines, the strongest approach is:

Treat the mechanics as the contract,
Prove compliance with a clean timeline,
Make a written demand,
Escalate through DTI (common and effective for consumer promos), and
Use court remedies when the value or conduct justifies it.

If you want, paste the promo mechanics (or the parts you have) and your timeline of events, and I’ll turn it into a tailored complaint-ready chronology and demand letter.