ASA Adjudication on Brimardon Systems

Ad

A press ad in the Racing Post for a cover bet system stated in bold text “over £37,500 PROFIT. 375+ POINTS PROFIT.” Smaller text stated “These profits are backing to win… PROFIT FROM 13 OCTOBER 08 UP TO END OF APRIL 09… For the first time ever we can get our stake money back on losers… The Cover Bet will place and manage that bet for you more efficiently than you can do it yourself.” Small print provided information about turnover figures.

Issue

The complainant objected that the ad was misleading because it implied that a profit could be achieved.

CAP Code

Response

Brimardon Systems (Brimardon) provided a brief explanation of their Cover Bet system and how the cover bet could win stake money back on losing bets.  They stated that all the selections were proofed in advance of the races taking place by e-mail to their chartered accountants, Brays Ltd, and to the Racing Post.  They sent a master proofing spreadsheet which contained details of the selected horse, race time and meeting and odds from 13 October 2008 to 30 April 2009 and their accountants provided copies of time and date-stamped emails in support of the claim.  Brimardon also sent screenshots from the relevant bookmaker's website to prove the availability of their recommended odds.

Assessment

Not upheld

The ASA understood that the profit claims were based on Brimardons horse racing telephone selections and noted that the running total at the end of the period, set out in their master spreadsheet, exceeded the £37,000 figure stated in the ad.  We noted that each recommended bet was lodged independently, by e-mail, with the Racing Post and Brimardons accountants before each race.  We asked Brimardon to provide copies of over 100 of the proof e-mails, showing wins, throughout the relevant period, and we asked the Racing Post to provide a smaller sample of emails received, which we selected at random.  We assessed the data and noted that the selections sent to the accountants and the Racing Post corresponded with Brimardon's master record and that the e-mails were sent before the start of the relevant races, which was confirmed by the electronic date and time stamp in the e-mails.  Furthermore, we noted from the sample of sent e-mails provided by the Racing Post that the dates, times and content of the e-mails corresponded with the received versions held by Brimardon's accountants.  We also noted Brimardon included screen shots from the relevant bookers website confirming the availability of the recommended odds for the horses Brimardon had advised.

Because we considered that the two selections of proofing e-mails provided by Brays and the Racing Post verified the accuracy of Brimardons records between October 2008 and April 2009, we concluded that they had substantiated the profit claims.

We investigated the ad under CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty) and 7.1 (Truthfulness), but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)