Ad description

A TV ad and a radio ad, for a bookmaker:

a. The TV ad, viewed in May 2011 featured a woman holding a smart phone. The woman said “Hi there, seen the latest offer from Paddy Power?” The camera then showed a close up of the smart phone. Text on the phone stated “BARCELONA V MAN UTD BARCA WIN NORMAL TIME REFUND LOSING BETS”. A voice-over stated “Like Barcelona v Man Utd in the Champions League final. If Barca win in normal time, we’ll refund losing bets. The camera cut back to the woman who said “Concentrate”. The camera then showed the same text on the smart phone while the voice-over repeated “That’s right, if Barcelona win this match in normal time, we’ll refund losing bets.” The camera zoomed out to show the woman holding the smart phone. She stated “Go to paddypower.com/tv now!”. On screen text stated “Max £100 refund. Refund: First/Last scorer, correct score & scorecast single bets. T&Cs apply. 18+. gambleaware.co.uk.”

b. The radio ad aired in May 2011 stated: “Hi Paddy Power here and to celebrate the biggest club game in the football universe we've come up with possibly our maddest money back special ever. On Saturday night Barcelona take on Man United in the Champions League Final and if Barcelona win in normal time we'll refund losing bets. You're right we must be off our heads, so quick go to paddypower.com now, have a punt and if Barcelona win, you get your money back. Paddy Power on iPhone, iPad and Android, refund up to £100 on selected markets only. Conditions apply.”

Issue

1. Seven complainants challenged whether the TV ad was misleading, because they believed that the small print contradicted the main claim.

2. One complainant challenged whether the radio ad was misleading, because he believed that the main claim was contradicted by the terms and conditions of the offer.

Response

1. Paddy Power stated that it was not their intention for the ads to mislead. They believed that the on-screen text did not contradict the main claim, but rather clarified the offer. They further believed that the wording “We’ll refund losing bets” implied that Paddy Power would refund some, not all, losing bets.

Paddy Power stated that the offer, “we’ll refund losing bets”, was limited to “First/Last scorer, correct score & scorecast single bets” and that there was a “Max £100 refund”. They believed that these conditions had been made clear in the on-screen text which was prominently displayed throughout the broadcasting of the headline claim, “We’ll refund losing bets”.

Paddy Power explained that the ad had been broadcast with a focus on sports related channels. They therefore believed that the average viewer would have been aware that it was commonplace for promotions made by betting companies to be subject to terms and conditions. They consequently believed that viewers would expect for the main claim to be qualified.

Clearcast believed that the on-screen text qualified the claim “we refund losing bets”, but did not contradict it. They believed that the wording “we’ll refund losing bets”, in conjunction with the on-screen text “Max £100 refund” made clear that only bets up to the value of £100 were included within the offer. They also believed that material conditions relating to the offer, such as the bet types to which the offer applied had been made clear in the on screen text. They also stated that the URL listed in the ad linked to the terms and conditions of the offer. They consequently believed that the terms and conditions of the offer had been made sufficiently clear.

2. Paddy Power explained that in the context of a radio ad time was limited and as a result they stated the following qualification “refund of £100 on selected markets only. Conditions apply” and signalled customers to access their website for full terms and conditions. They said that, throughout the period of the promotion, the landing page of their website stated “If Barcelona win this match in normal time, Paddy Power will refund all losing 1st/Last Goalscorer, Correct Score and Scorecast singles on the match”. They said that the page also provided the full terms and conditions of the offer.

Paddy Power explained that the ad had been aired with a focus on sports related stations. They consequently believed that the average listener would have been aware that it was typical for promotions made by betting companies to be subject to terms and conditions. As such, they believed that listeners would expect for the main claim to be qualified.

The RACC noted that the ad did not state that “all” losing bets qualified for the offer, but rather stated that the offer applied only to “selected markets”. They consequently believed that the ad made clear to listeners that not all bets would qualify for a refund and that they would need to make further enquiries to ascertain the selected markets to which the offer applied. They stated that the “Money back specials” page of the Paddy Power website gave full details of qualifying bets.

Assessment

1. Upheld

The ASA considered that viewers were likely to interpret the main claim to mean that all bets were included within the offer. However, we understood that the offer applied only to a small number of selected markets. We acknowledged that the ad included on screen text which stated “... Refund: First/Last scorer, correct score & scorecast single bets. T&Cs apply. 18+. gambleaware.co.uk”. However, we considered that, although it was acceptable for on-screen text to clarify or expand on claims in ads or to add minor qualifications, it should not contradict claims made in the ad. Since we considered that the on-screen text contradicted the main claim, we concluded that the ad was misleading and breached the Code.

On this point, ad (a) breached 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  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification).

2. Upheld

We considered that listeners were likely to interpret the main claim to mean that all bets were included within the offer. However, we understood from the terms and conditions that the offer applied only to a small number of selected markets. We acknowledged that the voice-over stated “... refund ... on selected markets only. Conditions apply.” However, we considered that, although it was acceptable for claims to be qualified within an ad, statements should not contradict the main claim. Since we considered that the statement “... refund ... on selected markets only. Conditions apply” contradicted the main claim, we concluded that the ad was misleading and breached the Code.

On this point, ad (b) breached 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  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification).

Action

Ads (a) and (b) must not be broadcast again in their current form.

BCAP Code

3.1     3.10     3.11     3.12     3.2     3.1     3.10     3.11     3.12     3.2    


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