Ad description
A TV ad for Betfair Casino. The text "betfair.com/bonus" featured on the top right corner of the screen throughout. After describing some features of the service, the voice-over ended by stating, "And with up to four million pounds in prizes paid out every day, Betfair Casino has landed in a big way. Deposit £10 and get £20 free." On-screen text stated "Terms apply. New Customers Only. Cash out restrictions apply, bonus must be activated within 7 days see betfair.com/bonus for full details".
Issue
The complainant objected to the ad's omission of the condition that, in order to withdraw the "free £20" and any accrued winnings, £800 had to be wagered within seven days.
Response
Betfair Ltd (Betfair) did not believe the ad was misleading. The ad promoted an offer for new customers, which was summarised in the voice-over as "Deposit £10 and get £20 free" (the 'Offer'). The Offer was expanded upon and clarified using on-screen text. Betfair believed this approach was in line with standard industry practice for ads that were limited by time or space.
The on-screen text provided further information about the offer. In line with standard practice for television advertising, the wording of the text was kept to a minimum in order that it could be read and understood by the viewer during the time it was displayed. The on-screen text provided five pieces of information, including "Terms apply", which alerted the viewer to the fact that the Offer included further terms and conditions. The viewer was therefore informed that they would need to read that further information in order to fully understand the Offer. The on-screen text also stated "Cash out restrictions apply", this alerted viewers that there were terms surrounding being able to withdraw the £20 being offered. The restriction in this case was a requirement to wager the £20 bonus 40 times. On-screen text also stated "See Betfair.com/bonus for full details". This web address would take interested viewers to the Offer's landing page for further information.
It was not possible to avail of the Offer without visiting the landing page. Betfair were keen to create a dedicated source of information about the Offer. The landing page featured a three-step guide to entering the promotion; the third step was "We'll give you £20 for free". This was annotated with an asterisk, which linked to small print at the foot of the landing page, which stated, "Significant terms: *New UK customers only. 40x bonus wagering on eligible games within 7 days. Game weightings apply. Withdrawal/expiry before wagering complete = loss of bonus + winnings. Terms and conditions apply". This expanded on the cash out restrictions, first indicated in the TV ad, and featured a link to the Offer's full terms and conditions.
Betfair said on-screen text and the landing page ensured all material facts about the promotion were brought to the viewer's attention before they were able to enter. They also submitted marketing for five similar promotions run by their competitors for comparison and said these showed their promotion was typical of the industry.
Clearcast did not believe the ad was misleading. They ensured that significant information was set out on-screen and that viewers were told where they could seek further information before entering the promotion. In all promotions that included wagering requirements, Clearcast ensured on-screen text indicated this to viewers. Because the ad contained this information and this linked to a landing page that provided further information, Clearcast did not believe the ad was misleading.
Assessment
Upheld
The ASA noted that the Offer was available for new Betfair customers only. Many eligible viewers may have had similar online casino accounts and therefore more prior knowledge that cash out restrictions usually applied to such offers. However, we were concerned that a significant number of viewers would not. We therefore considered that the fact that cash out restrictions applied was significant information that should be communicated to viewers clearly and prominently. The nature of the cash out restrictions was also significant information, therefore, this should have been presented with appropriate prominence.
We considered the fact that consumers would have to wager the £20 bonus 40 times was a significant condition that would have an impact on a consumer's decision to enter the promotion. We therefore considered that the extent of the cash out restrictions should have been communicated to the viewer during the ad itself. Because it was not, we concluded that the ad was misleading.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising),
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
3.25
3.25
Advertisements must make clear the extent of the commitment consumers must make to take advantage of a "free" offer.
Advertisements must not describe items as "free" if:
("Free" claims").
Action
The ad must not be broadcast again in its current form.
