Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
A paid-for Facebook post advertising a gambling website, www.playojo.com, seen in October 2017, featured an anime-style cartoon image of a woman wearing a low-cut top. Text stated "Get up to 5x more when you deposit today. Deposit £10+ and get 50 Free Spins with no wagering". A link at the bottom of the ad stated "Learn more".
Issue
1. The complainant, who considered that the content of the ad was likely to be of particular appeal to those under 18 years of age, challenged whether the ad breached the Code.
2. The complainant also challenged whether the ad was misleading because it did not make the terms and conditions of the offer clear.
Response
1. Skill on Net Ltd t/a PlayOjo stated the ad was part of a targeted campaign at players who were already registered on their website and therefore was not available in freely accessible space. They ensured only their target audience saw the campaign by uploading a “custom audience” directly to Facebook. This was matched with Facebook users and only those who were on the original “custom audience” list were able to see the ad. In addition, all of their Facebook advertising had the 18+ filter selected.
Facebook said they had investigated the matter and the ad did not violate their advertising policy at the time of investigation.
2. PlayOjo said the entire offer was clearly stated within the Facebook ad itself. All players had to do was deposit £10 (the minimum deposit allowed by their system) and they would get 50 free spins. There were no significant limitations or qualifications as there were no wagering requirements, no maximum bet, no maximum win and all wins from free spins were cash and could be withdrawn without limitations. The “Learn more” button linked to a page where they repeated the same information as in the ad as well as letting the player know where they could find the offer after logging in.
Assessment
1. Not upheld
The ASA noted the CAP Code stated that gambling ads must not be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture. We noted the image was drawn in an anime style that reflected media aimed at an adult audience and therefore likely to appeal to many adults. While we acknowledged the bright colours and cartoon imagery could also appeal to children, given the style and nature of the image, on balance we did not consider that it was likely to appeal to them more than it did to adults. We therefore concluded the ad was not likely to be of particular appeal to those under 18 years of age and did not breach the Code.
On that point, we investigated the ad under CAP Code rules 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. 16.3 16.3 Marketing communications must not: and 16.3.12 16.3.12 be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture (Gambling), but did not find it in breach.
2. Not upheld
We noted that the “Learn more” button in the ad linked to a page which stated “Minimum deposit is £10. Maximum amount of Free Spins is 50. Details can be found in your Kickers”. OJO’s Rewards and Game Play Policy Applies”. There was a link to the general terms and conditions. We reviewed those and considered, based on the information available, that there were no further significant conditions or limitations to the offer listed that were not stated in the ad or on the further information page that was one click away from the ad. We concluded that the ad was not misleading.
On that point, we investigated the ad under CAP Code 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) and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification), but did not find it in breach.
Action
No further action required.
CAP Code (Edition 12)
16.1 16.3 16.3.12 3.1 3.10 3.3
