The competition promoted Nestle's Kit Kat and drew its inspiration from the Roald Dahl book 'Charlie and the Chocolate Factory'. It offered people who found a golden ticket in their Kit Kat bar the chance to enter 'Big Brother'.
Of the 100 tickets available, 34 people ended up trying to win a place in the house via a lottery-style draw using numbered balls.
Accusations that it was not a fair competition surfaced after it emerged that the winning contestant, a part-time stripper called Susie, had auditioned several times to be on the show. She was recognised by some of the other 'Big Brother' housemates when she entered the house.
Eleven people complained to the Advertising Standards Authority, challenging claims that the draw "had been made in accordance with the laws of chance" and concerned that there had not been an independent supervisor present.
The ASA upheld the second complaint, despite the promoters saying that an observer had watched the process from home because of the rules of 'Big Brother', which prevent outsiders from being allowed in the house. They also pointed out that the housemates, production team and millions of live viewers also watched the draw -- which they felt fulfilled the requirement for an independent observer to be present.
The ASA ruled: "Because we considered that an independent observer should have been present and watching throughout the process of the draw and particularly at the point the winning ball was drawn, we concluded that the draw was not conducted under the supervision of an independent observer."
However, it was satisfied with evidence presented jointly by Nestle, Endemol and Channel 4 that the ball numbered 14 had been drawn at random. The companies had provided the ASA with video evidence and documents signed by an observer from Electoral Reform Services to prove the lottery was not rigged.
In any event, the promotion was seen as a huge success for Kit Kat in boosting sales. Susie herself said that she had spent thousands of pounds hunting for a golden ticket. There were also a number that appeared on eBay, some of which fetched in the region of £900.
The organisers have been told to ensure future promotions comply with the code.
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