Background

 Summary of Council decision:

Three issues were investigated, all of which were Upheld.

Ad description

A sponsored search result and pages on the website www.skyvegas.com:

a.  The sponsored search ad, which was seen on a mobile device, stated "… £10 Instantly Free For Joining Plus 200% Matched Bonus. Claim Now!  Download Free App  Play Roulette - £10 ... Existing Customer?... £1k First Deposit B... £10 Completely Free £1M Cash Giveaway".

b.  The landing page from ad (a), navigated to on a mobile device,  stated: "Cash Giveaway  Join Now   Every day throughout March and April   No opt-in required, just play through £10   One off £100,000 Golden Jackpot  1000+ daily winners and over 300+ qualifying games   1. Register now and get £10 completely free   2. Receive a 200% first deposit bonus up to £1000   + A free Sky Vegas Millions ticket".

c.  The Sky Vegas website home page, featured boxed text that stated "£10 Completely Free + 200% 1st deposit bonus up to £1000.  New customers only  Join Now  18+ Terms and conditions apply".  Text further down the page stated "Welcome Bonus   Play at Sky Vegas for the first time & you can get £10 completely free (no deposit required) plus a 200% matched 1st deposit bonus up to £1,000! We're committed to rewarding loyal players too with numerous cash bonuses, cashback offers and competitions! Terms & Conditions Apply".

The "Welcome Bonus" heading was hyperlinked to a separate landing page, where text stated "… 200% deposit bonus up to £1,000  18+ T&CS APPLY  JOIN NOW  Your Welcome Bonus  Your £10 Completely free will be credited instantly upon entering promo code WELCOME on registration. Play through your bonus and you will automatically get awarded a ticket into our £1 MILLION Cash Giveaway! You will also be eligible for 200% deposit bonus up to £1000 based on your play". Beneath this, a tab titled "What games are included?" stated "Your £10 Completely free will be credited instantly and will appear once you launch a game. Please note - excluded games are listed here. In your 200% deposit based bonus all games are included, however certain games contribute greater amounts than others towards your bonus. See the contribution percentages section for more detail". Beneath this, a tab titled "Contribution Percentages" stated the terms and conditions of the "200% deposit bonus" promotion.

Issue

The ASA received two complaints.  One complainant challenged whether:

1.  ad (a) made adequately clear the nature of the "200% Matched Bonus" offer; and

2.  ad (b) made adequately clear the nature of the offer, "Receive a 200% first deposit bonus up to £1000".

3.  A second complainant challenged whether ad (c) adequately explained the nature of the offer "a 200% matched 1st deposit bonus up to £1,000".

Response

1.  Bonne Terre Limited t/a Sky Vegas (Sky) explained that ad (a) led users through to a page on the Sky Vegas website, which stated "T & Cs Apply" and included the full terms and conditions (T&Cs) of the offer.  They acknowledged that ad (a) did not make reference to T&Cs, but believed that the CAP Code allowed for discretion where space was limited, provided that the full conditions were stated one-click away.  They believed it was standard practice not to include reference to T&Cs within this type of ad and submitted several competitor examples to demonstrate their point.

2.  Sky explained that ad (b) included full T&Cs under the heading "200% first bonus terms".

3.  Sky pointed out that ad (c) stated "Terms & Conditions apply" and a click-through link led users to a page where full T&Cs were given.  While it was necessary for readers to scroll down the page to read the T&Cs, they were provided one-click away from the original ad.

Assessment

The ASA understood that the offer, referred to as "200% Matched Bonus", "200% first deposit bonus" and "200% 1st deposit bonus" in ads (a), (b) and (c) respectively, represented a new member joining bonus, in which registering players were awarded up to 200% of their initial deposit, to a maximum of £1,000.    

There were detailed T&Cs attached to the offer, which were accessible from each of the ads, either by clicking through or scrolling down.  They explained that the bonus money was accumulated based on the amount staked on particular games on Sky Vegas during the first 30 days of an account being opened.   A £1 bonus amount was accrued per £25 spent on slot games and for other games, a higher amount needed to be staked per game in order to receive that £1 bonus amount.  The T&Cs stated that, in order to receive the maximum £1000 bonus, players would need to stake £25,000 during the first 30 days of their play.

1.  Upheld

Ad (a) stated "£10 Instantly Free For Joining Plus 200% Matched Bonus.  Claim Now! …".  We considered that, although consumers would understand that the claim "200% Matched Bonus" referred to a promotion, it was unclear from the ad what the promotion represented or what it would entail.  There were a number of interpretations that could be applied to the claim and as such, the wording was ambiguous. However, together with the '£10 Instantly Free' joining offer, the '200% matched bonus' claim acted as an incentive for consumers to take steps to find out more about the free offer, the bonus, and how to obtain them.

Although potential players might have differing interpretations of the claim "200% matched bonus", they were unlikely to understand the complex nature of how the bonus would be accrued or the timescales involved to accrue it.  We considered that there were significant conditions attached to the bonus promotion. The requirement to wager specific amounts of money in particular ways in order to incrementally raise the relevant bonus amount was likely to affect consumers' understanding about the promotion and their decision to follow up on the ad and register with Sky Vegas.  All material information needed by a consumer to make an informed choice about whether to proceed with an offer should be made clear and we considered that this information was of importance to consumers' understanding.  

We acknowledged that ad (a) was constrained by space and also that consumers would be familiar with sponsored search ads such as this and would know to click through to a separate landing page to engage more closely with an advertised offer. However, they should be provided with enough information in the initial ad to ensure that detailed information provided by other means, a click-through link, for example, did not contradict the impression already given.

We acknowledged that the landing page arrived at through the ad provided the full T&Cs for the offer.  However, they were not seen immediately; it was necessary for users to scroll down the page to access them.  In addition, they were preceded by a "Join Now" mechanism and it was possible, therefore, for new players to follow the promotion links and proceed to open an account without being made aware of the significant information they needed to ensure that their understanding of the promotion was correct.

We concluded that, at the point at which users could click through ad (a) to find out more, the promotion had not been accurately described and users had not been provided with enough material information to allow them to make an informed choice about whether or not to pursue the offer.  Ad (a) was, therefore, likely to mislead.

On this point, the ad breached CAP Code rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  and  3.3 3.3 Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
 (Misleading advertising),  3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  and  3.10 3.10 Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
 (Qualifications),  8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions.  and  8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.  (Sales promotions - general) and  8.17.1 8.17.1 How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
 and  8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion.  (Sales promotions - significant conditions for promotions).

2.  Upheld

We understood that ad (b) was reached by users who had clicked through from ad (a).  It featured the claim "Receive a 200% first deposit bonus up to £1000", and further down the page, below a series of logos relating to, for example, payment methods,the T&Cs of the offer were stated.  The ad featured, towards the top of the page, a click-through link labelled "Join Now".    

We considered that visitors to ad (b) were likely to infer from the claim "Receive a 200% first deposit bonus up to £1000" that Sky Vegas would match any initial deposit they submitted by 200%.  This, in addition to the offer stated above, "Register now and get £10 completely free" acted as incentives for new customers to follow the "Join Now" link and register.

We understood that the claim referred to a bonus of 'up to' 200% of a player's initial deposit.  Those who deposited, for example, £50, would be entitled to accrue a bonus of £100, depending on their game play as outlined in the T&Cs.  The most generous scenario being that, for every £25 staked, £1 would be accumulated.  The wording used, however, presented the bonus in absolute terms.  We were concerned that the absolute nature of the claim did not adequately explain that the full 200% bonus would only be achieved in particular circumstances.  As a result, we considered that the nature of the bonus was exaggerated.

In addition to this, we considered that, even had the bonus been more accurately described, there were significant conditions attached to it that should have been referred to in order to ensure that consumers had all of the material information they needed to make an informed decision about whether or not to follow the 'Join Now' link.  The requirement to wager specific amounts of money in particular ways in order to incrementally raise the relevant bonus amount, for example, was likely to affect consumers' understanding about the promotion as explained in point 1.

Ad (b) was a website page seen on a mobile device and the amount of information that was available to see in an instant view was limited. While the T&Cs of the promotion could be seen by scrolling down the page, there was nothing within the initial body text to suggest that there were significant conditions attached to the offer or to alert consumers to the requirement to scroll down prior to proceeding by following the "Join Now" link.  Given that it was possible for consumers to proceed without having been made aware of the relevant information they needed to understand the nature of the promotion and the significant conditions attached to it, we concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  and  3.3 3.3 Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
 (Misleading advertising),  3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  and  3.10 3.10 Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
 (Qualifications),  8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions.  and  8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.  (Sales promotions - general) and  8.17.1 8.17.1 How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
 and  8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion.  (Sales promotions - significant conditions for promotions).

3.  Upheld

Ad (c) was the home page of the Sky Vegas website.  It offered new customers '£10 free' and a '200% 1st deposit bonus' up to £1000.  It also stated that T&Cs applied.  

We considered that readers would infer from the claim "200% 1st deposit bonus" that Sky Vegas would increase their initial deposit by 200%, up to £1000, such that, if a customer deposited £500, Sky Vegas would deposit a further £1,000 into their account.  While the ad stated "Terms and conditions apply", this was unlikely to convey the significance of the requirements of the bonus offer or counterbalance the impression given by the headline claim that a 200% bonus would be forthcoming.  In addition, the bonus was relayed in absolute terms, which implied the full bonus would be deposited as discussed earlier.

A click on any part of the text led users to the hyperlinked page headed "Welcome Bonus", where more detailed information was provided.  We considered, however, that because the nature of the bonus structure was unlikely to match consumers' initial understanding of the "200% 1st deposit bonus" claim, without additional information in the ad itself, consumers were likely to proceed without having been made aware of the full nature of the offer.  The reference to the application of T&Cs was insufficient to alert potential players of the extent of the actions they would have to take to achieve the bonus match they might expect.  As discussed in earlier points, some of the conditions were sufficiently significant to warrant indication on any occasion the '200% 1st deposit bonus' offer was mentioned, to ensure that consumers understood the nature of the promotion prior to proceeding further, and to avoid the risk that any explanatory text provided elsewhere contradicted their likely interpretation of the claim.

We acknowledged Sky's view that T&Cs for the offer were provided one click away and considered that it was acceptable to provide online qualifying information one click away, provided that it did not contradict earlier claims.  In this case, the landing page stated "£10 completely free today + 200% deposit bonus up to £1,000 … Join Now".  Small print text that stated "18+ T&CS APPLY" appeared above the 'Join Now' link.  The page continued with text that explained that £10 would be credited to all new accounts using the promotional code at which point customers would "be eligible for 200% deposit bonus up to £1000 based on your play".  We considered that this alluded to the fact that the bonus was dependent on play and further text stated that "certain games contribute greater amounts than others towards your bonus".  Readers were invited to "See the contribution percentages for more detail" where an indication of what percentage of a stake would count towards a bonus was given.  The full T&Cs of the offer, which were partially visible to consumers who landed on the page from ad (c), could be accessed by scrolling down the page to read text under the "Contribution Percentages" heading.

We were concerned that, although full information about the offer was stated on the landing page, given that it was unlikely to match consumer's understanding of the promotion from the initial claims, it contradicted rather than qualified them.  In addition, visitors to the landing page were unlikely to infer from the "T&Cs APPLY" statement, the complexity of the bonus structure and were provided with a link to proceed to open an account without being made aware of the full terms, which were only accessible by scrolling down the page.  

We considered that, in the context of an advertiser's own website, space was not a limiting factor and that more information to clarify the nature of the offer should have been provided at an earlier stage to ensure that consumers were given all of the information they needed to help them understand the nature of the promotion prior to making a decision to proceed.

We concluded that ad (c) was likely to mislead, because it failed to make clear the nature of the offer and the significant conditions attached to it.

On this point, the ad breached CAP Code rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  and  3.3 3.3 Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
 (Misleading advertising),  3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  and  3.10 3.10 Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
 (Qualifications),  8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions.  and  8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.  (Sales promotions - general) and  8.17.1 8.17.1 How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
 and  8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion.  (Sales promotions - significant conditions for promotions).

Action

The ads must not appear in their current form again.  We told Sky Vegas to ensure that ads for promotions made clear all material and significant information consumers needed to understand the nature of an offer before they proceeded to transact.

CAP Code (Edition 12)

3.1     3.10     3.3     3.9     8.1     8.17.1     8.18     8.2    


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