The second ruling revealed on the website of the Advertising Standard Authority (ASA) of 13th April 2016 involved Bonne Terre Ltd T/A Sky Vegas.
As was the case with the complaints for the Paddy Power poster campaign, a Sky Vegas promotion that was running in January of this year received two complaints.
The complainants both challenged whether the advertisement for the promotion that appeared on the Sky Vegas website was misleading.
The main body of text that was challenged said ‘No lose month, no lose month throughout January, Play risk free throughout January at Sky Vegas – Terms Apply.
The page then went on to explain the rules of the promotion (all of which can be seen on the original ruling page on the ASA website here).
Sky Vegas responded to the complaints by saying that they believed that they had taken proactive steps to ensure the description and promotional terms and conditions were clear.
Sky Vegas believed that they showed the promotion to have a capped figure and that this would require wagering of 1x.
It was felt by the ASA that the terms ‘No Lose Month’ and ‘Risk Free’ were statements that would lead the consumer to believe that the original stake would not be at risk.
Furthermore, if the original stake was lost, it was to be refunded to them as withdrawable cash rather than bonus money that carried wagering requirements.
Additionally, where the advert in question stated ‘play the selected games for 100% cashback on net losses’, this was considered to be contradictory because the terms set a maximum amount of £10 or £20 dependent on the games that were played as part of the promotion.
The following CAP Codes were found to be breached by Sky Vegas and therefore the advert cannot be shown again in its current form.
Marketing communications must not materially mislead or be likely to do so.
Qualifications must be presented clearly.
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.
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
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.