Maltacom plc has been ordered to give Mary Ann Calleja a Kia Rio after the company failed to give her the lottery prize she won when her ticket was drawn. The woman was not awarded the prize since she failed to reply correctly to the question asked.

The woman contested Maltacom’s decision and filed a lawsuit against the company claiming it had no right to ask another question since the lottery’s rules and regulations did not stipulate this. The court, presided over by Mr Justice Joseph Azzopardi, ordered the company to give the lottery prize to its rightful owner – the person who was in possession of the lottery ticket which was drawn.

The court heard how Mary Ann Calleja participated in a lottery entitled “Mega Competition” which had a Kia Rio as the first prize and Lm100 vouchers for every day that the trade fair was open. Ms Calleja filled in her details and replied to a question in connection with one of the company’s services.

On 13 August 2002, the company organised the lottery draw and Ms Calleja’s winning ticket was drawn.

The court heard that one of Maltacom’s officials phoned her to inform her that she had won the prize but first wanted her to reply to another question on the voicemail service provided by the company.

The official told Ms Calleja that she had not won the car because she did not reply correctly to this question. The company proceeded by drawing another lottery ticket and awarding the car to someone else.

Mr Justice Azzopardi explained that when Ms Calleja deposited her lottery ticket in the urn, there was a contractual agreement between her and the company, based on the conditions advertised.

The lottery ticket read: “Mega Competition. Visit the Maltacom Group stand at the trade fair and participate in the mega competition. Answer a simple question on the ticket, fill in your details, deposit your entry and you can win a daily prize and the new Kia Rio”.

Mr Justice Azzopardi said it was evident that Maltacom wanted to organise a competition rather than a lottery, but nowhere did the company mention that the winner had to reply another question before winning the prize.

It therefore upheld Ms Calleja’s request and ordered Maltacom to give her the prize.