ASA Adjudication on iGlobalMedia Marketing (Gibraltar) Ltd

Ad

A magazine ad for a gaming website stated "WARNING! BE CAREFUL WHERE YOU WIN PLAYERS WIN MORE AT PARTYPOKER". Text in the body copy stated "Play for a $2m guaranteed prize pool ... find out why more people love to win at PartyPoker.com*." The asterisk was linked to small print that stated "Poker Players Research Ltd Opinion Poll, May 08, Sample size 10,000".

Issue

The complainant challenged whether the following claims were misleading and could be substantiated:

1. "... PLAYERS WIN MORE AT PARTYPOKER";

2. "... more people love to win at PartyPoker.com".

CAP Code (Edition 11)

Response

1. & 2. PartyGaming Marketing (Gibraltar) (PartyGaming) said the claims "PLAYERS WIN MORE AT PARTYPOKER" and "more people love to win at PartyPoker.com" were based on the results of a survey carried out in May 2008 by Poker Player Research Ltd (PPR).  The purpose of the survey was to find out poker players' perceptions of the online gaming market and of poker sites in particular.  

PartyGaming explained that PPR was an independent company and the results of their research were therefore independent of all online gaming businesses.  They said PPR surveyed 10,000 randomly selected, regular poker players worldwide and those respondents were selected from an initial sample of over 150,000.  A 'regular' player was defined as someone who played at least once per month.

Respondents were asked to answer a standard set of questions formulated by PPR and an additional set of questions, comprising no more than 10% of the total questionnaire, designed by individual companies, allowing them to gain a better understanding of how their products and services were perceived.  PartyGaming explained that the claims in the ad were based on the answers to additional questions they had included in the survey and submitted a copy of both the standard and additional questions.  They also submitted the results for their additional questions, which were depicted graphically.  Respondents were asked to name the site where they had won the most money playing cash games and where they had won the most 'Sit and Go' tournaments.  PartyGaming included an explanation of how the figures in the graphs were calculated and a statement from PPR to the effect that the results were conclusive, with above 95% significance levels.  They pointed out that PPR believed it was accurate to state that their site had the easiest players to win money from.  PartyGaming said it followed that, if respondents found that other players on their site were easiest to win money from, those respondents would be winning more easily and more often.  They therefore believed their use of the claims in the ad was justified.

PartyGaming said they sought guidance on the presentation of the ad from the CAP Copy Advice team prior to publishing the ad.  They pointed out that the claims were clearly referenced to the footnote which made clear that they were based on the results of a survey of 10,000 people.  

PartyGaming said they had no plans to use the ad again but planned to make use of the findings of the PPR survey, until they were superseded by new research.  

Assessment

The ASA noted PartyGaming had consulted the CAP Copy Advice team prior to publishing the ad, although the presentation of that ad was slightly different to the one eventually published.  The Copy Advice team advised that, provided PartyGaming held substantiation for their claims, the ad was likely to be acceptable under the CAP Code.  We noted, however, they had not seen or assessed any evidence.

1. Upheld

The ASA noted the survey data submitted by PartyGaming were the results of an opinion poll.  We considered that the claim "PLAYERS WIN MORE AT PARTYPOKER" was a factual claim capable of objective substantiation.  We noted the ad stated "Play for a $2m guaranteed prize pool ..." and considered that readers were likely to infer that they could win more money playing at PartyPoker.com than at other sites.  

We considered that, while the survey demonstrated that respondents said they had won more money playing cash games and had won more 'Sit and Go' tournaments at PartyPoker.com, we considered that the evidence, which was based on subjective opinions, was insufficient to support an objective claim.  To substantiate the claim "... PLAYERS WIN MORE AT PARTYPOKER", we expected to see comparative evidence showing that players had won more money playing at PartyPoker than at other sites.  Because we had not, we concluded that the claim could mislead.

2. Upheld

We considered that readers were likely to interpret the claim "...more people love to win at PartyPoker.com" as a subjective one that was based on the expression of the poll participants' opinion.  We noted the claim was qualified; it was linked to small print that stated "Poker Players Research Ltd Opinion Poll, May 08, Sample size 10,000".  We considered that readers were likely to infer that the survey had shown that PartyPoker.com was the most popular of the sites included in the survey.  Whilst we noted the survey demonstrated that respondents said they had won more money playing cash games, had won more 'Sit and Go' tournaments at PartyPoker.com and that it had the easiest players to win money from, we considered that it did not support the claim that PartyPoker.com was their preferred or favourite site.  We noted the survey respondents had not been asked to name their preferred or favourite site.  Because we had not seen evidence to support the likely interpretation of the claim, we concluded that it could mislead.

On both points, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

Action

The ad must not appear again in its current form.  We advised PartyGaming to contact the CAP Copy Advice team for guidance with future ads.

Adjudication of the ASA Council (Non-broadcast)