ASA Adjudication on Coaldale Enterprises Ltd
Coaldale Enterprises Ltd t/a
Bet770
4 Diagorou
Kermia Building
Flat/Office 103 - PC1097
NicosiaCyprus
Cyprus
Date:
1 August 2012
Media:
Internet (sales promotion)
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A12-192829
Ad
An online ad on a gambling website, www.bet770.com, was headed "Bet770 is giving you a first bet for free!" Further text stated, "Interested in placing a bet? Head to ... Bet 770! It's 100% safe and everyone's a winner! If you win your first £70 bet, you will pocket the winnings! Otherwise, don't panic! Bet770 will refund you the entire £70! It's as simple as that! To enjoy this offer without any commitment, you need to: 1. Register for the first time with Bet770. 2. Make a deposit. 3. Place the free bet of your choice ... Everyone's a winner on Bet770!" A link at the foot of the ad stated, "General conditions of this offer". Clicking on this ad revealed further conditions, which included, "Only your first bet will be refunded ... This refund will be credited to your account in the form of a bonus" and "To unblock winnings coming from your bonus, you need to bet at least five (5) times the bonus amount on events with odds of at least 1.50, on sports bets (single) except system bets, and combination".
Issue
The complainant challenged whether:
1. the claim "Bet770 will refund you the entire £70" was contradicted by the general conditions; and
2. the condition that winnings from the bonus had to be turned over five times on events with odds of at least 1.50 was sufficiently prominent.
CAP Code (Edition 12)
Response
Coaldale Enterprises Ltd (Bet770) believed the promotional offer was not misleading because the player was entitled to a full refund of their bet. They said "refund" was common terminology in the promotion of goods and services, including online sports betting products, and was typically subject to certain conditions. They provided examples of how other marketers had used the term "bonus" in a similar manner. They said the ad clearly explained that the offer was subject to general conditions, which were accurately indicated at the foot of the ad. As defined in the Terms & Conditions applicable to the offer, the term "refund" meant a credit of the amount lost, provided in the form of a 'bonus', available to the player's Bet770 account. Bett770 therefore believed the ad was neither misleading nor detrimental to the consumer.
Assessment
1. Upheld
We considered the average consumer would understand from the claim, "Bet770 will refund you the entire £70" to mean that they would receive a cash refund, which could be withdrawn without restrictive limitations. Because the condition that the "refund" would be in the form of a bonus contradicted the claim, we concluded that the ad was misleading.
On this point the ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.9 (Qualification).
2. Upheld
We noted that the "bonus" had to be turned over at least five times, on certain types of bets only, with odds of at least 1.50. This was a significant condition, likely to affect the consumer's decision to participate in the promotion; it should therefore have been prominently stated in the main body of the ad, rather than being one click away. Because it was not we concluded that the ad was in breach of the Code.
On this point the ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising) and 3.9 (Qualification).
Action
The ad must not appear again in its current form.
