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 SpinX Games Ltd, an online game provider, seen in March 2024:
a. The first ad for the social casino game app “Jackpot Crush” featured a casino spinning wheel graphic in motion and exploding gold coins whilst slot machine sound effects could be heard. On-screen text against a background of casino slot machines stated, “Enjoy authentic casino slots online. Play now”.
b. The second ad for the social casino game app “Wolf Run Eclipse” featured an image of a casino slot machine in use whilst slot machine sound effects could be heard. On-screen text stated, “MASSIVE WIN” and further text stated “In-game rewards are not real money” in small font.
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implied the social casino games were gambling products in which real-world money or tangible prizes could be won and withdrawn.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
SpinX Games Ltd t/a SpinX Games confirmed that players were unable to win real-world money or tangible prizes as a result of gameplay on the app. They highlighted that the game could be downloaded and played for free, and that in-app purchases were not required to enjoy the game. They believed that it was clear the game was designed for entertainment purposes only.
They said that they implemented a number of disclosures detailing that across the consumer journey. They explained that, once a consumer clicked on the ad, they would be taken to the relevant app platform store. On those store listings for the game, further text stated that real-world money or tangible prizes could not be withdrawn and they also believed that consumer reviews on the store made that clear. They highlighted that, in order to play the games, consumers had to first download them from an app store and that it would be clear that there were no real-world money cash-outs. They also said consumers could download and play the games for free to get an understanding of the games before choosing to make any in-app purchases. As such, they believed it would be clear that there were no real-world money cash-outs or tangible rewards and prizes prior to making a transactional decision.
They also referred to disclosures located within the game itself. They said that the app contained a “Responsible Gaming” notice in the settings section of the app, a frequently asked questions section, and Terms of Service, which consumers were required to confirm they had read, and that they all made it clear that there were no real money cash-outs or tangible prizes to be won and that the virtual coins and items had no real-world value. They also drew attention to the terminology used in the app, such as “game”, “gaming”, and “XP” (experience points), which they also believed made it clear that there were no real money cash-outs or tangible rewards and prizes.
They also highlighted that a disclosure had been included in ad (b) which stated “in-game rewards are not real money”. However, they said they would make that disclosure more comprehensive, visible and prominent in future and they acknowledged that such a disclosure had been omitted from ad (a) due to an error.
They believed the name of the app, “Jackpot Crush”, was representative of the nature of the game, specifically that it was a fun and free jackpot game. They said it was common in social casino games to use references to gambling terminology such as, “Jackpot”, “Vegas”, “casino”, “slots” and “poker”, as they were descriptive of the free gaming experience. In addition, the term “crush” was commonly associated with game apps, and further identified it as a free game.
They said that many ads for gambling apps contained imagery of real people, used real monetary values or made references to currency and expressed offers of cash and other tangible prizes. They believed the animated content seen in the ads was more synonymous with games that did not have gambling elements or offer real-world money and that it was important to use content and sounds which reflected the gaming experience. The coins used in the ads were the virtual coins used in the game and did not represent or imitate real money.
They said that they had processes in place to ensure advertising compliance and believed they had followed TikTok’s guidance for social casino games. Notwithstanding that, they confirmed that both ads had been removed from TikTok.
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 not breached TikTok ad policies.
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 slot machine imagery, specifically, a spinning wheel graphic in the style of a roulette wheel with different prizes assigned to each segment of the wheel and large amounts of gold coins, accompanied by real-life slot machine sounds. We acknowledged that the ad was animated. However, we considered the roulette-style wheel with prizes ascribed to it, seen in tandem with coins, emulated casino-based gambling and we considered consumers would interpret that game within the context of a traditional casino game, and that real-world money could be won. Furthermore, the ad appeared against a backdrop of a building which appeared to represent a casino, as well as stylised images of slot machines. Alongside that, the ad referred to enjoying “authentic casino slots online”. We considered consumers would interpret those elements to mean that the game was similar to playing a traditional slot machine whereby it was possible to win and withdraw real-world money.
Ad (b) featured a casino slot machine located in a casino, accompanied by slot machine sounds, and showed a large amount of gold coins. It also showed Wolf Eclipse icons and gameplay footage from the app on the casino slot machine, which we considered implied that the app was similar to a slot machine found in a casino and would offer consumers the opportunity to gamble and win real-world money or tangible prizes. That impression was further strengthened by the text “MASSIVE WIN” which appeared on the slot machine at the same time as an explosion of coins.
We acknowledged that the ad featured the text “In-game rewards are not real money”. However, the text appeared at the bottom of the ad and was presented in a small white font, in contrast to the brightly coloured casino slot machine which changed colour in quick succession. We considered that contrast would have made it difficult for consumers to read the text. We also noted the text appeared on screen briefly before disappearing for the remainder of the ad. We considered that likely further impaired a consumer’s ability to sufficiently read and understand the information.
We understood that Jackpot Crush and Wolf Run Eclipse were social casino apps and that neither real-world money nor prizes could be won through gameplay. We acknowledged that it was disclosed to consumers within the product listings on the app store, once the consumer clicked through from the ad. However, we considered that the ads themselves did not include information which made that clear to consumers. Transactional decisions encompassed a wide range of decisions made by the consumer in relation to a product and their decision of whether, how and on what terms to make a purchase. 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.
We further acknowledged the advertiser’s argument that the coins used in the ads were the virtual coins used in the gaming experience and did not represent real money and their belief that it was clear to consumers that real-world money could not be won. However, we considered that was not sufficient to dispel the overriding impression that real-world money or tangible prizes could be won by playing Jackpot Crush and Wolf Run Eclipse.
Therefore, because we considered the claims and imagery featured in the ads gave the impression that the apps were 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 the form complained of. We told SpinX Games Ltd t/a SpinX Games to ensure that they did not imply consumers could win real-world money or tangible prizes.
