Background
Summary of Council decision;
Two issues were investigated, both of which are Upheld.
Ad description
A poster, seen on a London Underground platform, and claims on www.888.com promoted 888 casino.
a. The poster stated "£88 Free No Deposit needed Slots. Blackjack. Roulette. Live casino". Text at the bottom of the ad stated "18+ T's & C's (sic) apply...".
b. The website stated "Get £88 FREE + Up to £100 bonus on your first deposit ... 1. Register 2. Get £88 Free 3. Deposit and Get up to £100 bonus". Scrolling down revealed further text which stated "888 Free Play with your favourite casino Fancy playing amazing casino games for free? Register at 888casino and you get £88 FreePlay*, no deposit needed! ...". The asterisk linked to further text at the bottom of the page which stated "*Valid for selected countries only New players only ... • With the exception of a Jackpot win, max FreePlay winnings = £20 • FreePlay winnings must be wagered 30 times before withdrawal" and a hyperlink to "• Further T&Cs".
Issue
1. One complainant, who signed up for the offer before discovering that "free play" winnings needed to be wagered 30 times before withdrawal and that players could only withdraw a maximum of £20, challenged whether ad (a) was misleading.
2. Another complainant challenged whether ad (b) was misleading for the same reason.
Response
1. Cassava Enterprises (Gibraltar) Ltd t/a 888Casino.com stated that the terms and conditions which applied to the promotion were available on their website and clearly explained that the winnings were capped at a certain amount, were credited as a bonus, and were therefore subject to bonus wagering requirements. They did not believe that the message "£88 Free - No Deposit Required" was inaccurate, as a consumer would receive £88 for free, and was not required to deposit any money to access the free play amount. Similarly, they said the text made clear that whilst a consumer was not committed to making a deposit, as per the marketing message, they were committed to further terms and conditions. They also said Underground campaign had now ended, and therefore the ad had been removed.
2. 888Casino again highlighted that the full terms and conditions relating to the promotion were set out on their website. They made some adjustments to the ad to make it clearer, and added significant conditions to the offer landing page.
Assessment
1. Upheld
The ASA understood that individuals signing up for the offer would be awarded £88 "free play", but that their winnings were restricted to a maximum of £20, and had to be wagered 30 times before any remaining balance could be withdrawn. We noted, however, that the ad simply stated "£88 Free", and whilst smaller print at the bottom of the ad stated "T's & C's [sic] apply", it did not provide any further information. We noted that the ad was untargeted and that a number of consumers might not be familiar with online betting or 888.com, or common practices such as wagering requirements. We considered that the restrictions imposed regarding winnings and withdrawals was significant information which would inform an individual's understanding of the offer and their decision whether to sign up or not, and so should have been stated in the ad. Because the ad did not make clear that those restrictions applied, we concluded that it was misleading.
On that point, ad (a) breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification),
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free),
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
2. Upheld
As stated in point 1 above, we considered that the restrictions that were in place regarding winnings and wagering requirements, was significant information that would impact upon a consumer's understanding of the offer. We noted, however, that that information appeared in footnote text at the bottom of the ad, and that the initial screen that consumers viewed simply stated "Get £88 FREE" and invited them to register. Therefore, we had concerns that a number of consumers could follow the link and sign up for the offer, without being aware of the restrictions that applied. Because we considered that significant information relating to the offer was not given sufficient prominence, we concluded that the ad was misleading.
On that point, ad (b) breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification) and
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free),
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
Action
The ads must not appear in their current form again. We welcomed 888Casino's willingness to amend their ads, and advised them to ensure they clearly presented any significant information relating to an offer in future.
CAP Code (Edition 12)
3.1 3.10 3.23 3.3 3.9 8.17 8.17.1
