ASA Adjudication on Europa Point Marketing 1 Ltd

Ad

An e-mail, for BetUK.com, had the subject line "Euro 2008 Deposit Bonus". Text in the e-mail stated "Euro 2008 Bonus". Below, it stated "We're mere days away from the kick-off of Euro 2008 and all the wagering excitement this tournament delivers ... BetUK.com is celebrating by offering a free £25 match bonus, plus the chance to become a millionaire by picking Euro 2008 winners. 100% Match Deposit Bonus: BetUK.com wants to help you enjoy the big tournament with a 100% match bonus offer (up to £25). Simply make a deposit at BetUK.com anytime between Thursday, June 5 to Sunday, June 8 and you'll collect the free cash ...". Underneath, text stated "*Bonuses are intended for recreational gamblers only. Professional players or players considered to be abusing the bonus system by any means may have bonuses revoked at the discretion of BetUK management".

Issue

Two recipients said they were refused the bonus, because BetUK.com believed they were professional gamblers.  The complainants believed the e-mail was misleading and challenged:

1. whether the bonus was awarded to recipients of the e-mail, and

2. if some recipients were considered to be professional gamblers, whether the e-mail was suitable for those targeted.

CAP Code (Edition 11)

Response

1. Europa Point Marketing 1 (Europa) provided a print-out of all customers who received the e-mail and those who received the bonus.  They said the only people denied the bonus were those who did not meet the wagering requirements, which were stated in the terms and conditions included in the e-mail, or those specifically noted by Sportingbet plc to be professional gamblers or tipsters.

2. Europa explained that they provided marketing services to Sportingbet to attract and retain customers, but did not provide any of the operations.  They said Sportingbet managed all customer activity including customers accounts and determined customer risk by using a "Bet Factor".  They explained that the Bet Factor limited the amount of risk to the sportsbook and customers were given a rating, for example a customer with a 0.2 rating was limited to betting 20% of a customer with a 1.0 factor.  Europa said they targeted the e-mail to all customers with a Bet Factor of 1, which they understood to be non-risky players.  They said they were not aware however that, when a players Bet Factor ranged from a minimum figure up to maximum figure of 1, it might include those already deemed to be professional gamblers and tipsters by Sportingbet.  They said changes had been made to the system to prevent professional gamblers and tipsters from being included in future marketing promotions.

Assessment

1. Not upheld

The ASA noted nearly 88% of those customers who took up the offer were awarded the bonus.  We considered that Europa had shown that the bonus was available to customers who were eligible for the offer.

On this point, we investigated the e-mail under CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules) and 31.1 (Sales promotions - Administration) but did not find it in breach.

2. Upheld

We noted the ad stated "*Bonuses are intended for recreational gamblers only.  Professional players or players considered to be abusing the bonus system by any means may have bonuses revoked at the discretion of BetUK management" but understood from the complainants that they were only informed they were not eligible for the bonus, after they had made £100 worth of bets specifically to qualify for it.  We understood that, because Europa did not determine a customers rating, they were unaware that a customer who had a Bet Factor with a range of figures might be considered by Sportingbet to be a professional gambler or tipster.  Nonetheless, because the e-mail was sent to customers already considered by Sportingbet to be professional gamblers or tipsters and therefore unable to take advantage of the offer, we considered the e-mail had been inappropriately targeted.

On this point, the e-mail breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules), 31.1 (Sales promotions - Administration) and 43.2a (Database practice).

Action

We welcomed Europa's assurance that changes had been made to prevent professional gamblers and tipsters from receiving promotions in the future.

Adjudication of the ASA Council (Non-broadcast)