Ad description
A TV ad and a press ad, for the computer game Call of Duty: Black Ops II:
a.The voice-over on the TV ad stated, "Pre-order now for Xbox 360 and get the Nuketown 2025 map."
b.The press ad stated "PRE-ORDER NOW AND GET THE NUKETOWN 2025 BONUS MAP".
Issue
Three complainants challenged whether the ads were misleading, because they believed the map had been withdrawn soon after release.
Response
Activision Blizzard UK Ltd said the Nuketown 2025 map had not been withdrawn and remained available to purchasers who had pre-ordered the game. They told us that the map was initially located within its own dedicated playlist, which meant that it could be played continuously, but that it had subsequently been moved to a bonus map playlist, exclusive to those customers who had pre-ordered, in rotation with a number of other maps. They explained that it was never intended for Nuketown 2025 to be available in its own dedicated playlist for any length of time because it would become repetitive to play only one map in a competition. They told us there was no history of maps being available in dedicated playlists for long periods of time and that such playlists were only used for special occasions, such as game launches or Double Experience Point weekends, on an ad hoc basis.
With regard to ad (b), Clearcast said that, whilst they regretted that the complainants felt misled, they were satisfied that the bonus map was still available to players who had pre-ordered the game.
Assessment
Not upheld
The ASA acknowledged the complainants' disappointment that the Nuketown 2025 map did not remain available in its own dedicated playlist after the launch weekend was over. However, we noted that the ads did not make any claims about the way the map could be accessed by players. Because we accepted that players who pre-ordered the game had received exclusive access to the Nuketown 2025 map, and that access to that map had not been withdrawn, we concluded that the ads were not misleading.
We investigated ad (a) under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising) and ad (b) under CAP Code (Edition 12) rules
3.1
3.1
Advertisements 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) 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) but did not find them in breach.
Action
No further action necessary.
