ASA Adjudication on Camelot Group Ltd

Ad

A TV and radio ad for the National Lottery game, Thunderball.

a. The TV ad showed a giant purple ball emerging from a garage carwash. The voice-over stated "Big changes have happened to Thunderball. The top prize has now doubled to half a million pounds. Thunderball from the National Lottery. Something big could happen to you!". On-screen text stated "Players must be 16 or over. Games Rules and Revised Game Procedures apply. See website for details".

b. The radio ad stated "Here's a little test for you. Which day of the week do you think of when I say "thank goodness it's .... ?".... Friday, wasn't it? Course it was. Everybody's favourite day of the week. Especially now that Thunderball is available three nights a week including a new draw on ..... you're ahead of me aren't you? ..... Friday. And the top prize has doubled to half a million pounds. Big changes have happened to Thunderball so something big could happen to you. Thunderball from the National Lottery. Games rules and revised procedures apply. Players must be 16 or over".

Issue

1. Three viewers challenged whether TV ad (a) was misleading because it failed to clarify that the number of balls in the Thunderball draw had increased from 35 to 39, so a player's chance of winning was reduced.

2. One listener challenged whether radio ad (b) was misleading because it failed to clarify that the number of balls in the Thunderball draw had increased from 35 to 39, so a player's chance of winning was reduced

BCAP TV Code

BCAP Radio Code

Response

1. & 2. Camelot Group plc (Camelot) said there had been a number of changes to the Thunderball game and that alongside the extension to the range of main numbers from 34 to 39, the prize fund had doubled from £250,000 to £500,000. They also said they had added an additional draw on Fridays and had introduced a new prize tier in which players would win £3 for matching just the Thunderball. They explained that as a result of changes to the game the chances of winning the top Thunderball prize had decreased but the overall chances of winning some sort of prize had increased. They said TV ad (a) made it clear that "big changes" had happened to the draw and this was supported by on-screen text which pushed viewers to the website along with a clear URL, where visitors were specifically informed that the number of balls in the draw had increased. They said that both ads also included the statement "games rules and revised procedures apply", which made it clear that changes had been made to the previous games procedures. They stated that the website itself made clear that the number of balls in the draw had increased. They said radio ad (b) also stated that "big changes" had happened to the draw and advised listeners that revised procedures and game rules applied.

They did not think that it was reasonable or possible to include all details of a new lottery game within the limited time constraints of a TV and radio ad and said they had communicated the changes in the chances of winning the main prize through point of sale material, media screens, e-mails, the website and through sales representatives.

Clearcast did not think the ads were misleading in any way and said the on-screen text had been changed from the standard National Lottery ads to indicate that the games rules and procedures had been revised. They did not consider that the ad had omitted any specific qualifications that would mislead the viewer.

The RACC said the ad stated that "Big changes have happened at Thunderball" and "Games rules and revised procedures apply" and that it clearly implied that considerable changes had taken place, including to the mechanics and the rules of the game. They said they did not think it was necessary to state the number of balls in order for the advertisement not to mislead.

Assessment

1. & 2. Not upheld

The ASA noted both ads used the phrase .... something big could happen to you" and considered the text suggested that winning was a possibility, without specifically making reference to the chances of winning the top prize. We noted the ad referred to "Big changes" and the increase in the top prize amount, but considered that it did not state or imply that the chances of winning that prize were the same as, or greater than, with previous Thunderball games.

We considered that the reference to "Game rules and revised procedures apply" was sufficient to indicate to consumers that the format of the game had changed and that consumers could obtain the information on the changes in the number of balls in the draw from the website. We considered that TV ad (a) and radio ad (b) provided sufficient information for viewers and listeners to know that if they wanted to play they would be playing Thunderball in it's new format and concluded that they were unlikely to mislead.

We investigated TV ad (a) under CAP (Broadcast) TV Advertising Code rules 5.1.1, 5.1.2 and 5.1.3 (Misleading advertising) and 5.2.3 (Qualifications) and radio ad (b) under CAP (Broadcast) Radio Advertising Code rules 2-3.1 (Misleadingness) but did not find them in breach.

Action

No further action required.

Adjudication of the ASA Council (Broadcast)