Ad description
A direct mailing from Casino rewards, which featured references to a £4 million jackpot and a free spin offer. Details of previous winners were given and text stated "[NAME], will you be our next big winner? ... [NAME], the MEGA MOOLAH JACKPOT is over £4,000,000!!!".
Issue
The complainant, who stated that the mailing was addressed to his 14-year-old grandchild, challenged whether the ad had been irresponsibly targeted.
Response
Apollo Entertainment Ltd stated that in 2013 an account with the name and address details on the ad had been registered at one of their online casinos with the year of birth recorded as 1981. They stated that the account created after this registration showed no record of any wagers, financial accounts or transactions being made. As no financial transaction or gambling took place, age verification of the account holder was not carried out as their licence requirement for age verification only applied to individuals who undertook a financial transaction with the casino. The marketing mailer had been sent out to reacquire the user. Apollo stated that, ultimately, the entry of a false date of birth during the registration process in 2013 had resulted in the receipt of the mailer by a minor. The said that they had taken steps to ensure that the recipient would not be sent further mailings.
Assessment
Not upheld
The ASA understood that the recipient's details had been obtained when they specifically signed up to create an account with a gambling operator, during which a date of birth was given that led the advertiser to understand that the recipient was over 18 years of age. In light of this, and in the absence of any information that might have indicated that the recipient was a child, we considered that it was reasonable for them to rely on the age data provided without taking any additional steps to verify it. We acknowledged that the mailing had been sent to a recipient under 18, but considered that in using the data available to them, and in the absence of any indication that the account holder was a child, the advertiser had acted in good faith. We therefore concluded that the ad had not breached the Code by being directed at a child.
We investigated the ad under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), and 16.1 16.1 Marketing communications for gambling must be socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited. and 16.3.13 16.3.13 be directed at those aged below 18 years (or 16 years for football pools, equal-chance gaming [under a prize gaming permit or at a licensed family entertainment centre], prize gaming [at a non-licensed family entertainment centre or at a travelling fair] or Category D gaming machines) through the selection of media or context in which they appear (Gambling), but did not find it in breach.
Action
No further action required.
