Don’t Gamble with your ads, instead get this Free Advice on how to comply with the CAP Code. For instance, did you know, unless limited by time and space, significant terms and conditions should be within the ad itself.

Terms and Conditions

Ads shouldn’t mislead by omitting important information, so unless limited by time and space, significant terms and conditions should be included in the ad itself. If an ad is limited by time and space, for example an online banner ad, then it is likely to be acceptable to have the terms and conditions one step away – in terms of a banner ad, one click away – provided it is clear that terms and conditions apply, and that they are clearly visible directly upon clicking through.

Terms and conditions of an offer should not contradict the headline claim

The ASA ruled that the headline claim “MONEY BACK IF ENGLAND LOSE” was misleading because it implied to consumers that if they placed a bet which subsequently lost, they would receive a full cash refund. However, that was not the case. In fact, the terms and conditions explained that, rather than their money being refunded, consumers were actually being offered a free bet equivalent to the original stake. This contradicted the implication of the headline claim. In addition, the nature of the offer was of such significance that it should have been made clear within the main claim of the ad itself. It’s worth noting that in the same ruling, the ASA ruled that “Money back as a free bet” was acceptable.

Target Gambling

Gambling ads that have particular appeal to children are likely to be problematic under the Codes. Teddy Bears, treasure trials and Optimus Prime are things to avoid, whereas Foxy and Jumpered Jumpers were deemed unlikely to have particular appeal to kids in the context of the ads in which they appeared.

Sales Promotion

Remember, a lot of gambling ads are classed as sales promotions, so you should also be aware of the new Sales Promotion rules.

For further advice and guidance to help you avoid misleading advertising you can contact The Copy Advice team and follow CAP on twitter @CAP_UK.


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