Advertisment
A page on the advertisers’ website titled ‘withdraw your winnings’ provided details on how an account holder could withdraw their winnings.
“We usually pay all winnings within a few hours, and most often within the hour! – but it can take up to 72 hours”.
Complaint
Complainant objected to the claim that winnings would be paid out within a few hours or within 72 hours as they had been waiting 8 days at the time of their complaint without any response from the advertisers.
Further Information:
The ASAI Executive used the contact details (email only) provided on the advertisers’ website.
Response
The advertisers did not respond to a request for comment.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint. The Complaints Committee expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Committee noted the requirement of the Code that marketing communications should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (4.1); that advertisers should not exploit the credulity, inexperience or lack of knowledge of consumers (4.4); and that marketing communications should not contain claims – whether direct or indirect, expressed or implied – which a consumer would be likely to regard as being objectively true unless the objective truth of the claims can be substantiated (4.9); and that relevant evidence should be sent without delay if requested by the ASAI and should be adequate to support both detailed claims and the overall impression created by the marketing communication (4.10).
They noted that no evidence to support the claim regarding pay out terms in the advertising had been submitted to the ASAI and in light of this and in the absence of a response from the advertisers, the Committee concluded that the advertisement was in breach of sections 3.10, 4.1, 4.4, 4.9 and 4.10 of the Code.
Action Required:
The advertising should not reappear in its current form unless evidence is provided for the claims made.
