A leaflet for an online casino, playojo.com, seen on 29 June 2016 featured text on the front that stated “Play your ojo Wheel and win Free Spins! …”. At the bottom of the leaflet was small print that stated “No deposit required. Min. withdrawal £20. The OJO Wheel guarantees Free Spins if you select the ‘Wheely Easy’ wheel. Free Spins are played on Fairytale Legends: Hansel and Gretel. OJO’s T&Cs, Rewards and Game Play Policy apply”. On the back of the leaflet was text that stated “Claim your Free ojo Wheel and Win Guaranteed Free Spins …”. Below that was further text that stated “1 Log in 2 Claim your kicker 3 Spin your wheel …”.
Two complainants, who were unable to take advantage of the offer, challenged whether the claim “Play your ojo Wheel and win Free Spins” was misleading and could be substantiated.
Skill on Net Ltd provided a spreadsheet that captured data from their gaming system of logs.
They stated that the promotion was sent to almost 2500 existing PlayOJO players and that the free wheel spin was activated upon them logging into their account. This was why the spread sheet showed different dates for when the free wheel spin was credited to players’ accounts. Furthermore, they stated that nearly 300 people used their free wheel spin and provided additional data for all those players who took advantage of the offer.
Skill on Net believed that the data supported the claim “Play your ojo Wheel and win Free Spins”.
The ASA understood that the promotion was giving consumers a free wheel spin where they could possibly win further free spins, and that this was how consumers were likely to interpret the claim “Play your ojo Wheel and win Free Spins”.
We looked at the data Skill on Net provided, which listed almost 2500 consumers who had received the offer, showing their ID numbers and usernames. We understood that 294 consumers had actually claimed their free wheel spin upon signing into their account between 29 June 2017 (the date the complainants saw the ad) and 4 July 2017. Furthermore, we noted that the data showed that consumers had used their free wheel spin shortly after they had been added to their accounts, with a large number of consumers having had won further free spins.
Therefore, we considered that because Skill on Net had provided sufficient evidence showing that they had given a free wheel spin to consumers who then had been awarded further free spins, we concluded that the claim “Play your ojo Wheel and win Free Spins” had been substantiated and was not misleading.
We investigated the claim under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
No further action necessary.