I messaged them and they’ve so far ignored it
It definitely won't hurt for people to complain, but I'd be extremely shocked if Sixteenth responded in any way. Sixteenth will protect Ruby's interests above all, and unless her brand is getting very public mainstream backlash, they won't do anything.
An ASA complaint would be a better means of getting actual response, since they're an independent body who will jump all over breaches of advertising/CAP code and Sixteenth will absolutely take notice if the ASA starts getting involved.
The argument will be whether Ruby's 'Be my most specialest bestest new penpal fwend' application form qualifies as a contest or giveaway. Ruby will undoubtedly claim that it's not - it was just a nice way to stay in touch with viewers with a letter, no different than responding to a comment online, and that letters have no monetary value, with the gifts being an unguaranteed extra that she threw in because she's SYO, SYO GENUINELY SELFLESS.
But Ruby's form clearly says "If you want to potentially receive a letter/present from me this holiday season or in the new year, just fill out this survey! These
will arrive as a surprise to the address associated with your Pumpkin Productivity order." This is no different than "To be in with a chance of winning cool things, send your personal details on a postcard to: Blahblahblah." It's a prize draw.
And since she told everyone what the gifts she was sending to viewers were, there's an easily provable minimum monetary value to the prizes (although there's no way of knowing the total as she claimed the pouch was part of a literary book box she was making and didn't specify what else was in it).
White Company Glass Tea Cup & Saucer: RRP £12
Blackwell's/About Blanks Notebook - RRP £17.99
Accessorize Dragonfly Pouch - RRP £12
T2 Random Acts of Tea Tin - RRP £15
And taking her at her word, Ruby has said outright that she has chosen winners. It's screamingly obvious to anyone familiar with Ruby that this was not chosen randomly or fairly. At least one winner was described by Ruby as sounding a lot like her, and the form questions are clearly designed to find people exactly like Ruby who will undoubtedly be chosen.
Scrolling the the comments of Robot's latest video, someone asked how she chose the follower to send a gift to:
View attachment 979119
She also says here "I just choose people randomly mainly". I mean, we know she doesn't at all, because it's Ruby. But she says outright, she only "mainly" chooses people randomly. So not always.
There's the issue of requiring a Pumpkin Productivity purchase to enter, which is supremely shady and she's not been up-front about it. I believe the current UK law does allow for giveaways to be restricted to people who buy a product, so long as they are not paying anything extra (entry fees/premium rate phone calls/cost of stamps) to enter the contest itself.
As others have pointed out, there's also the Data Protection concerns regarding this whole thing, which would likely fall outside the scope of the ASA. If she's collecting personal data, people need to know clearly what she'll be doing with it.
Above all else, it's also skeevy as
duck. Why is a 21 year old woman soliciting the personal information of children, starting personal penpal relationships with them and sending them gifts? If that was a male influencer, it'd be seen as grooming.
If she wants to keep bragging that she's the founder of a company and an entrepreneur and influencer, she needs to start using a modicum of common sense when doing things like organising giveaways. She has a manager, a PR company and their resources at her disposal to check what kind of guidelines she needs to meet with these things (although it shouldn't take a manager to tell her that striking up personal relationships with kids online is not something she should be doing). Combine this with all the scam giveaways she's run in the past and she really needs a wakeup call.
If she wants to interact with fans more, that's what the comment section's for, or she can set up a PO box for fan letters.
If she wants to send extra gifts exclusively to buyers to reward them for their continued custom, this is something she should've done randomly and anonymously - either have the Pumpkin Productivity warehouse add extra items to random orders, or if they weren't equipped to go adding Ruby's random bullshit to stationery packages, she should've had them send out a discount code to select, random people on the Pumpkin Productivity mailing list or something.
If she wants to run giveaways, she needs to start abiding by standards and practises (and actually send out prizes with proof that a winner was selected).
And she could've done that, but instead she chose to do the stupidest possible thing, very publicly, because she just
had to show off how "generous" she was being to get praised for it. Meanwhile there's a dozen charities whose money she's still sitting on.
TL;DR - Ruby isn't twelve, much as she wishes she were. The "But I'm young and still learning!" excuse won't fly, and she needs a kick in the ass from the ASA for this and all the other
tit she keeps pulling.