Ad description
A radio ad for EU Lotto Ltd t/a Lottoland, heard on 27 September, featured a voice-over that stated, "Chimp can't believe it. At Lottoland the EuroMillions still costs just £2. Not £2.50. This Friday's jackpot 100 million. So with Lottoland you can win the big jackpot for less. Download the app or go to lottoland.co.uk and get your first bet free." Another voice-over then referred to the legal disclaimer and quickly stated, "UK residents only. Jackpot estimated 24 September. One free bet is on EuroMillions or equivalent price lottery. Terms apply see site for details over 18s only gambleaware.co.uk."
Issue
The complainant, who understood that the product was a gambling game, challenged whether the ad misleadingly implied it was a lottery.
Response
EU Lotto Ltd t/a Lottoland stated that their advertising across all their platforms made a clear distinction between their gambling product and an actual lottery ticket by referring to the word "bet" or "betting". Regarding the radio ad, reference to "bet" had been made on two separate occasions in a script which they believed was short and along with all of their other branding and marketing they believed consumers would understand that Lottoland was not a lottery company but a gambling operator. Furthermore, they stated that the ad's reference to the cost of a EuroMillions lottery ticket and the jackpot were factual statements and informed consumers that they could win the same amount of money by placing a bet on the outcome and that it was cheaper than buying a lottery ticket.
Lottoland's advertising agency (VTR North) stated that they took extra care to make clear in the ad that Lottoland offered a gambling service. They believed that this was achieved by referring to the term "bet", which they stated was mentioned in the main body of the ad as well as in the legal disclaimer.
The Radiocentre believed that the ad clearly differentiated Lottoland's gambling service from the Euromillions lottery by making a price comparison between the cost of a bet and the cost of a Euromillions ticket, and this would be understood by consumers. Furthermore, they stated that the end of the ad referred to the Gambling Awareness website which they believed also made clear that a gambling service was being marketed.
Assessment
Upheld
The ASA considered that the claims "At Lottoland the EuroMillions still costs just £2. Not £2.50", "This Friday's jackpot 100 million" and "So with Lottoland you can win the big jackpot for less", which were stated sequentially at the start of the ad by the main voice-over in a high-pitched tone giving them much prominence, would give consumers the strong impression that the ad was promoting a lottery. We also considered that the reference to "Jackpot estimated 24 September" made by the voice-over for the disclaimer also contributed to that impression.
We considered that the term "bet" could help consumers understand that Lottoland were promoting a gambling product rather than an actual lottery, provided the ad made sufficiently clear that the term was made in the context of betting on the outcome of a lottery.
We noted that further into the ad the main voice-over referred to Lottoland's website where consumers could "get [their] first bet free" and that the voice-over for the disclaimer stated "One free bet is on EuroMillions or equivalent price lottery" and referred to the Gambling Awareness website. However, we considered that the ad's references to "bet" did not make clear that consumers would be gambling on the outcome of a lottery rather than actually participating in it and, consequently, did not dispel the impression given by the voice-over's references at the start of the ad that a lottery was being promoted.
Therefore, because we considered the ad implied participants would be playing in a lottery, rather than in a gambling game, we concluded it was misleading.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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.
3.3
3.3
Ofcom must ensure that the standards from time to time in force under this section include:
a) minimum standards applicable to all programmes included in television and radio services; and
b) such other standards applicable to particular descriptions of programmes, or of television and radio services, as appeared to them appropriate for securing the standards objectives."
Section 319(5).
and
3.3.1
3.3.1
the main characteristics of the product or service
(Misleading Advertising).
Action
The ad must not appear again in its current form. We told Lottoland to ensure future advertising did not misleadingly imply participants would be entering a lottery.
