Ad description
An email from Coral Interactive, promoting a free bet offer, received in June 2016 stated "... Bet £/€20 on any team to win the Euros & get a free £/€10 bet every time a British or Irish team scores in the first round of matches.*...".
Issue
Three complainants, who received the email and after placing their bets were informed that they were not eligible to participate in the offer, challenged whether it misleadingly implied the offer was open to all recipients.
Response
Coral Interactive (Gibraltar) Ltd explained that the email contained a targeted promotion which was only valid for selected customers, but due to human error it had been sent to some customers who were restricted from receiving free bets and therefore would not have been able to claim the promotion. They explained that when they realised the error, they had taken immediate steps to rectify it. They sent a follow-up email to advise those customers that they were in fact not eligible for the promotion and apologising for any inconvenience caused.
Assessment
Upheld
The ASA noted the email had been targeted at specific individuals and was addressed to the name of the recipient. We considered that anyone receiving the email would expect they could take advantage of the free bet offer. However, we understood that was not the case, because the email had been sent in error to some customers who had restricted accounts. Given that they were therefore not eligible for the offer, we considered those customers had been caused unnecessary disappointment. Moreover, because the ad implied that anyone receiving the email was eligible to take up the offer, when that was not the case, we concluded that it was misleading. We welcomed Coral Interactive's willingness to take steps to rectify the error.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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. (Promotional Marketing).
Action
The ad must not appear again in its current form. We told Coral Interactive (Gibraltar) Ltd to ensure in future their promotional advertising did not misleadingly imply that an offer was open to everyone, unless that was the case.
