Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A post on a social networking site promoted the online gambling website, www.jackpotcafe.co.uk. The ad stated "UK man wins £18,000 from free cash offer … £100's (sic) Won Every Minute! We profile real punters who have won thousands with one particular online casino". The ad also included an image of a man in the style of a news story. A banner at the bottom of the image stated "BREAKING NEWS MAN WINS £18,000 WITH FREE CASH OFFER JACKPOT CAFE NEWS 10:51".
Issue
Two complainants challenged whether the claims:
1. "UK man wins £18,000 from free cash offer"; and
2. "£100's [sic] Won Every Minute";
were misleading and could be substantiated.
Response
1. Table Top Entertainment Ltd t/a Jackpot Cafe stated that the man featured in the ad was a genuine player, and had won £18,000 whilst playing a particular online slot game. They provided data relating to the man's winnings and highlighted that he had won a number of jackpots, totalling £18,278.23, during the period April 2013 to December 2013. They explained that users were credited with a cash bonus at initial registration, and also upon additional deposits dependant on their loyalty level. They confirmed that the winner in question had made deposits and received related deposit bonuses.
2. Jackpot Cafe provided some information relating to the total amount they had paid out to users on jackpotcafe.co.uk, and also all their sites, for April 2014. They explained that the average pay out per minute on jackpotcafe.co.uk worked out as just over £143.00.
Assessment
1. Upheld
The ASA noted that part of the ad was presented in the style of a news story, which included the claim "Breaking News" and referenced a particular time. We considered that consumers viewing the ad would believe that the featured man had just won a lump sum of £18,000. We also considered that consumers would believe the man had won the jackpot as a result of the "free cash offer" as opposed to deposits he had made to his account. We understood, however, that the man's winnings had been accrued over a period of nine months and that he had made a number of deposits over that period. Because the man had not won £18,000 on one occasion, or as the result of the "free cash offer", we concluded that the claim was misleading.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
2. Upheld
We considered that in the context of the ad, which emphasised the "free cash offer" and the amount one man had supposedly won as a result of that offer, consumers would believe that the claim "£100's [sic] won every minute" related solely to the amount won by newly registered members as a result of betting their "free" balance. As the claim actually related to the total amount paid out on jackpotcafe.co.uk to all players, not just those who were eligible for the "free cash offer", we concluded that it was misleading.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ad must not appear again in its current form. We told Jackpot Cafe to ensure they did not imply that users had won a specific lump sum on a particular occasion, or as the result of a specific offer, if that was not the case.
