ASA Adjudication on WHG Trading & WHG (International) Ltd
WHG Trading & WHG (International) Ltd t/a
William Hill
Greenside House
50 Station Road
London
N22 7TP
Date:
26 October 2011
Media:
Internet (sales promotion)
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A11-156083
Ad
An offer on the William Hill Casino website in April 2011 stated "£150 Bonus For all new casino players". Smaller text stated "* Requires a £35 minimum deposit, terms and conditions apply".
Issue
The complainant challenged whether the claim "£150 Bonus For all new casino players" was misleading because they understood that the terms of the offer were that deposits between £35 and £150 would be matched.
Response
William Hill said the statement "* Requires a £35 minimum deposit, terms and conditions apply" immediately below the headline claim made it clear that terms and conditions applied. They said if the customer then clicked on the £150 bonus option from the drop-down menu on the “Promotions” tab, the full terms and conditions (the conditions) were shown for the offer. They submitted a screenshot of the first part of those conditions which they said made clear that the bonus was a 100% match bonus dependent on the customer's first deposit and that also explained the mechanism which the customer would need to follow to receive the bonus. They said, in addition, when the customer completed the registration process there were numerous steps provided for the customer containing the terms and conditions information and opt-in details for the bonus scheme.
Assessment
Upheld
The ASA considered that the headline claim "£150 Bonus For all new casino players" and the qualifying text “* Requires a £35 minimum deposit, terms and conditions apply" would be interpreted by readers to mean that, if they joined the William Hill Casino and deposited £35, they would receive £150 with which to bet on games on the site.
We understood however, with reference to the conditions, that the actual terms of the offer were that William Hill would match any deposit from £35 to £150 inclusive and therefore to receive a £150 bonus a customer would have to deposit not £35 but £150. While we noted William Hill’s argument that the conditions were available via the drop down menu from the “Promotions” tab, we considered that they should have been linked to directly from the offer itself and, notwithstanding that, we did not consider that the content of the conditions was capable of countering the misleading impression given by the offer itself.
We also noted that the conditions contained an additional stipulation that, before being able to claim any winnings, players would have to wager 20 times their deposit and bonus amount or more. We considered that that was significant information likely to affect readers’ decision whether or not to take up the advertised offer and should also have been made clear. Because it was not and because the ad implied that customers could obtain a £150 bonus by depositing £35 when that was not the case, we concluded that the offer was misleading.
The offer breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.9 (Qualifications).
Action
The offer must not appear again in its current form.
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