On 13 April the Advertising Standards Authority (the “ASA”) upheld two complaints made against a promotion by Bonne Terre trading as Sky Vegas, in which claims of “NO LOSE” and “Risk Free” gambling were found to be misleading.
In January 2016 the Sky Vegas website had featured a page announcing a “NO LOSE MONTH”, offering customers the chance to “Play Risk Free” with “100% Cashback on Net Losses”. The main promotional image stated that “Terms Apply”, with further details and a link to the full terms and conditions below. The further details highlighted that “No Lose funds will be credited as non-withdrawable cash and must be wagered 1x before being withdrawn”.
The ASA found the words “NO LOSE MONTH” and “Play Risk Free” to be inconsistent with the requirement to wager refunded stakes at least once before they could be withdrawn, as this introduced an element of risk into the transaction. The ASA also found that although terms and conditions (stating the maximum refunds of £10 or £20) had been made available, these qualifications contradicted the claim of “100% Cashback on Net Losses”. Seen in context, this claim was taken to mean that losses would be “entirely refunded in cash, regardless of the amount owed”. The ASA ruled that any qualifications following the headline claim should have “clarified, rather than contradicted” its content.
The advertisement breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.9 and 3.10 (Qualification) and 8.2 (Sales promotions).