Background
This Ruling forms part of a wider piece of work on paid-for gambling-like ads, identified for investigation following intelligence gathered by the ASA. See also related rulings published on 25 September 2024.
Ad description
Two paid-for TikTok ads for social casino game app “Billionaire Casino” seen in March 2024:
a. The first ad featured a person in the front seat of a car who stated, “So I just got a brand-new Tesla because I stopped going to the casino and started playing Billionaire Casino instead”. The ad then showed a casino slot machine and graphics which included exploding gold coins and text that stated, “HUUUGE JACKPOT” as the person continued, “Billionaire Casino has over 200 slot games and a lightning wheel with rewards from gaming chips to treasures. They’ve got exclusive buffalo slots with wild gameplay and intense bonus rounds, plus a charm collection feature to boost your jackpot chances. If you join the Billionaire League, you and your friends can win massive prizes and climb the ranks. It’s all the casino fun without the casino fuss, so tap below to start downloading it now”.
b. The second ad featured piles of gold coins and graphics which included a spinning roulette wheel. Voice-over and on-screen text throughout the ad stated, “HUUUGE CHANGES ARE HERE! Luxury Villa Winter Renovation, BIGGER PRIZES! IMPROVED REWARDS! BIGGER TICKET & LOTTERY PRIZES! SUPERIOR VAULT. MORE IN EVERY PURCHASE! HIGHER PRIZES ON BOTH WHEELS! AND MUCH MORE! All benefits are here to stay.”
Issue
The ASA challenged whether the ads misleadingly implied the social casino games were gambling products in which real-world money or tangible prizes could be won and withdrawn.
Response
Huuuge Global Ltd t/a Huuuge believed it was clear the social casino game app was not a gambling product in which consumers could win real money or real prizes. They confirmed that users could not “cash out” prizes or “winnings” for real money or tangible real-life prizes and that real-world money or other prizes could not be won.
They said there were certain mechanics and features intended to make the game more engaging which often involved a virtual in-game currency which had no real-world value. They highlighted that, in order to play the game, consumers had to first download it from an app store where text stated the game did not offer real-world money gambling, and that wins made while gambling in social casino games could not be exchanged into real-world money or real rewards. The consumer then had to confirm they had read the terms of use which stated that in-game virtual items had no cash value and could not be exchanged for real-world money or for any real goods.
They explained that, if either ad was clicked, it would take consumers to a web page where they could download the game. They believed that web page made clear that the app did not offer real-world money gambling or an opportunity to win tangible prizes.
They said the name “Billionaire Casino” and the slot machine imagery and real-life slot machine sounds featured in the ads were typical of social casino apps. The aim of the app was to provide a casino experience without being able to win or stake real money or prizes. They also believed that those likely to download the app as a result of the ad would be familiar with the genre of social casino games and the style of such ads seen on TikTok. They said TikTok was predominantly used by a demographic who understood the way such apps were promoted, and that exaggeration and puffery were commonly seen in those ads, which they believed was permitted under the CAP Code.
They referenced the text seen in ads (a) and (b) and said they appeared as animations in a cartoon style and referred to virtual prizes with no real currency used. They said they had not intended to imply the person in ad (a) had purchased a brand-new car as a result of playing the game, but rather that the person stopped going to the casino and with the money saved they could buy a car. They believed the tone of the ad was light-hearted and viewers would understand that those comments were an obvious exaggeration. They said the text, “it’s all the casino fun without the casino fuss” made it clear no money could be won.
With regards to ad (b), they said the ad promoted an event within the game called “Luxury Villa”. The purpose of the ad was to promote new features of the game and the ad started with the animated phrase, “Huge Changes are Here” which was a reference to the updates to the game. The content, words and animations described the changes within the Luxury Villa event and appeared similarly in cartoon style, with no suggestion of winning real-world money or prizes.
Huuuge Games confirmed that they had removed the ads from TikTok upon notification of the complaint.
TikTok said restrictions applied to the advertising of social casino games on their platform and that included the prohibition of content implying that users could earn real-world money or where direct comparisons to gambling were made. They said the ads had breached TikTok ad policies and they confirmed that the ads had been withdrawn from the platform.
Assessment
Upheld
The ASA understood that social casino apps emulated slot machines or other casino-based games. However, we understood consumers were unable to win or withdraw any real-world money or tangible prizes from such apps, and therefore, they were not gambling products. We further understood that, whilst real-world money was not required to play, there were in-game purchase options available which enabled consumers to buy in-game currency or additional gameplay features.
Ad (a) featured an individual who stated they were able to buy a brand-new car because they had stopped going to the casino and played Billionaire Casino instead. The scene was not cartoonish or animated; rather, the person was seen in the new car, a Tesla, which we considered consumers would understand to be a luxury car. Therefore, we considered consumers would interpret that to mean the individual had won a significant amount of money by playing Billionaire Casino and had been able to purchase the new car with the winnings they had accrued.
The ad then showed game footage which emulated slot machine games and were also referred to as “slot games”, and used prize terminology such as, “HUUUGE JACKPOT”, “boost your jackpot chances” and “win massive prizes”. We considered such text, along with the slot machine footage, further implied that the individual had been able to purchase the car through winnings earned via the app and that real-world money or tangible prizes could be won by consumers. In addition, we noted the ad did not include any information that real-world money or prizes could not be won. Consequently, we considered that the ad contained various elements that, overall, gave the impression that real-world and tangible prizes could be won.
We acknowledged that ad (b) was animated and was not in a realistic style. However, the ad replicated gameplay and featured short clips of a roulette-style wheel and a slot machine, which emulated real-world casino app games. Despite the animated style, because the imagery seen in the ad was reflective of other such casino-based apps in which real-world money could be won, we considered that consumers would understand that Billionaire Casino also offered players that opportunity. Furthermore, the ad referred to “BIGGER PRIZES!”, “IMPROVED REWARDS!”, “BIGGER TICKET & LOTTERY PRIZES!” and “HIGHER PRIZES ON BOTH WHEELS!”, which we considered strengthened the impression that consumers could win real-world money. Similarly, we noted that there was no information in the ad to indicate that the winnings or prizes could not be withdrawn.
We understood that Billionaire Casino was a social casino app and that neither real-world money nor prizes could be won through gameplay. We acknowledged the advertiser’s argument that the ads did not feature or refer to real-world currency, and their belief that it was therefore clear to consumers that real-world money could not be won. However, we considered the lack of any such references was not sufficient to dispel the overriding impression that real-world money or tangible prizes could be won by playing Billionaire Casino. We also acknowledged that the ads featured a linked to a web page which stated that the games did not offer the opportunity to win or withdraw real-world money or tangible prizes. However, we noted that information appeared in small text within the web page and, in any case, we considered that the ads themselves did not include information which made that clear to consumers. The decision to click through to the app from the ad was a transactional decision in relation to downloading the game, and we considered that consumers were not provided with information that was material to that decision.
Because we considered the claims and imagery featured in the ads, alongside the name of the app, “Billionaire Casino”, gave the impression that the app was a gambling product in which real-world money or tangible prizes could be won and withdrawn, we concluded that the ads were misleading and breached the Code.
The ads breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising).
Action
The ads must not appear again in their current form. We told Huuuge Global Ltd t/a Huuuge to ensure that they did not imply consumers could win real-world money or tangible prizes.
