Background
Summary of Council decision:
Two issues were investigated, of which one was Upheld and one Not upheld.
Ad description
A direct email from Big Bucks Bingo, sent on 2 August 2016, stated "Use coupon EXLC10 for additional £10 bonus ... Grab Free Spins: Begin your play with a free 100 Spins on login”. Beneath a button labelled "PLAY NOW", text stated "All bonuses are subject to the Big Bucks Bingo bonus policy".
Issue
The complainant challenged whether:
1. the ad was misleading as it failed to make clear that a wagering requirement applied before consumers could withdraw their winnings; and
2. the claim “free 100 Spins on login” was misleading and could be substantiated because they understood that consumers were given 100 “free” pay lines instead.
Response
1. Cozy Games Management Ltd t/a Big Bucks Bingo stated that the player was offered a bonus on making a deposit of £10 and that when they made the deposit they would be notified of the wagering requirement. Before the coupon was redeemed the player would be informed of the wagering rules, and if they contacted customer support the rules would be explained to them. They provided a screenshot of the web page through which such deposits would be made, which stated "Wagering requirement of 4X on Bingo OR 10X on slots applies" above a form offering various options for deposits and bonuses. Underneath the form, text stated "Standard wagering requirements apply." Big Bucks Bingo noted that the email stated "All bonuses are subject to the Big Bucks Bingo bonus policy" and provided a screenshot of the terms and conditions available on the website. This page stated "… you must wager the value of your deposit plus any deposit bonuses, four times (4X) on bingo games, or ten times (10X) on slots" along with a worked example of how this would be calculated.
2. Big Bucks Bingo said that the free spins could be used on specific "Free Bets" slot machines that did not contribute towards wagering requirements or real cash balances, and that as soon as a player opened a slot machine from the relevant category they would be notified of the terms under which play would be conducted. They provided a screenshot of the opening screen of a game, in which the statement "1 Spin = 1p/Line" could be seen. Big Bucks Bingo also provided a screenshot of the terms and conditions section headed "Bonus Rules", in which text stated "Each free spin is 1p value. Redeem free spins based on spin value. Ex: 10p coin and 10 lines bet means you need to redeem 10*10 = 100 spins" and clarified that winnings could not be withdrawn. Big Bucks Bingo explained that they offered different varieties of slot machines with a range of paylines, and that players could choose the paylines as per the options on each slot machine. On choosing the number of paylines, the system would then give the exact number of free spins based on the coin value and the number of paylines.
Assessment
1. Upheld
The ad stated that players would receive a £10 bonus on top of other incentives referred to in the email. We considered that consumers would expect that once they had deposited at least £10 they would receive this bonus amount to play with alongside their deposited cash. However, we understood that any winnings resulting from wagering this bonus amount could only be withdrawn after the bonus amount and the amount deposited had been wagered four or ten times (depending on the activity chosen). As such, players needed to wager at least £80 before winnings could be withdrawn.
The ad stated "All bonuses are subject to the Big Bucks Bingo bonus policy" and we noted that wagering requirements were referred to on the deposit screen and explained more fully in the terms and conditions, although the statement on the deposit screen did not mention that the deposit value, as well as the bonus amount, was included in the wagering requirements. However, we considered that the wagering requirement was a significant condition likely to influence a consumer's decision about whether or not to take up the offer, and that it should therefore have been clearly stated in the main body of the ad. We considered that the reference to the 'bonus policy' in the email, the statement on the deposit screen, and the explanation in the terms and conditions were insufficient, and that the omission of the wagering requirements from the ad was likely to mislead consumers. We therefore concluded that the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rules 8.17 8.17 All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include: and 8.17 8.17 All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include: 1 (Significant conditions for promotions)
2. Not upheld
The ad referred to "free spins" and we considered that, in relation to slot machine games, consumers would understand a 'spin' to mean a turn on each game. We understood that the slot games allowed players to choose the value of the 'coins' that they were wagering and how many lines they wanted to play, with some games allowing up to 20 or 50 lines. We also understood that players could choose a 1p, one-line wager on the games and that, under these options, they could take 100 turns on the slot machines. We noted that players could choose to increase the number of lines in play and that this would increase the number of 'free spins' required for a turn (as would increasing the 'coin' value), but considered that this amounted to choosing to take multiple turns on each playthrough. We noted that the game controls displayed the number of 'spins' that would be used according to the lines and coin values selected. Because it was possible to use the "100 free spins" bonus on 100 slot machine game turns, albeit with the option to alter the parameters and decrease the number of turns covered by the free spins, we considered that the ad was unlikely to mislead consumers in this regard.
On this point we investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
Action
The ad must not appear again in the form complained about. We told Big Bucks Bingo to ensure that advertising for future promotions included sufficient information about significant conditions, such as wagering requirements, likely to influence a consumer's decision to participate.
