Ad description

An internet display ad, on the www.talktalk.co.uk website on 15 May 2011, stated "Win Up to £10,000!* Each new player gets one FREE spin on the Star of Joy with a top prize of £10,000! There's a guaranteed win for each new player! ...".

Issue

A complainant challenged whether the ad was misleading because it:

1. implied all new players would win a prize, when he believed it was actually a guaranteed gift; and

2. failed to make clear that a deposit was required.

Response

1. Profitable Play Ltd (JackpotJoy) said that after depositing the new user was immediately taken to the Star of Joy game and clicked the wheel once to receive a bonus. They said there were no “no-win” spins, and all spins resulted in a win of up to £10,000. They said wins between £2 and £200 were bonus credits to be played on the website, but anything over £201 was a cash win that could be withdrawn. Jackpotjoy said there was not a set number of prizes because it was based on a lottery style offer, and while no one had won the £10,000, over 40 players had won more than £201.

2. JackpotJoy said the banner stated it was for new players only and the landing page clearly stated in two places that players were required to make a deposit. They said there was also a further link available that clicked through to Star of Joy terms and conditions.

Assessment

1. Upheld

The ASA noted CAP Code (Edition 12) rule  8.19 8.19 Promoters must not claim that consumers have won a prize if they have not. The distinction between prizes and gifts, or equivalent benefits, must always be clear. Ordinarily, consumers may expect an item offered to a significant proportion of participants to be described as a ‘gift’, while an item offered to a small minority may be more likely to be described as a ‘prize’. If a promotion offers a gift to a significant proportion and a prize to a minority, special care is needed to avoid confusing the two: the promotion must, for example, state clearly that consumers “qualify” for the gift but have merely an opportunity to win the prize. If a promotion includes, in a list of prizes, a gift for which consumers have qualified, the promoter must distinguish clearly between the two.  stated “... items offered to a significant proportion of consumers in a promotion should be described as gifts, not as prizes ...”, noting that no one received £10,000, 40 people received over £200 cash, but the remaining new players all received bonus credits. We therefore considered the offer was a guaranteed gift not a prize, and concluded the ad was misleading.

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  8.19 8.19 Promoters must not claim that consumers have won a prize if they have not. The distinction between prizes and gifts, or equivalent benefits, must always be clear. Ordinarily, consumers may expect an item offered to a significant proportion of participants to be described as a ‘gift’, while an item offered to a small minority may be more likely to be described as a ‘prize’. If a promotion offers a gift to a significant proportion and a prize to a minority, special care is needed to avoid confusing the two: the promotion must, for example, state clearly that consumers “qualify” for the gift but have merely an opportunity to win the prize. If a promotion includes, in a list of prizes, a gift for which consumers have qualified, the promoter must distinguish clearly between the two.  (Prize promotions).

2. Upheld

We noted the landing page stated “Deposit £10 get £20 plus a guaranteed win up to £10,000!” and “Join now and we’ll double your deposit” but did not consider that those statements clearly expressed to readers that a deposit was compulsory. We considered the requirement to make a deposit was significant and should have been included in the ad, not in the terms and conditions. Because of that, we concluded the ad was misleading.

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),  3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.    3.10 3.10 Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
 (Qualification) 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:    8.17.1 8.17.1 How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
 (Significant conditions for promotions).

Action

The ad must not appear in its current form again.

CAP Code (Edition 12)

3.1     3.10     3.9     8.17     8.17.1     8.19    


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