February 13, 2017

The radio ad for Lottoland started with the voiceover, “Chimp can’t believe it. At Lottoland the EuroMillions still costs just £2. Not £2.50. This Friday’s jackpot 100 million. So with Lottoland you can win the big jackpot for less. Download the app or go to lottoland.co.uk and get your first bet free.” Another voice-over then referred to the legal disclaimer and quickly stated, “UK residents only. Jackpot estimated 24 September. One free bet is on EuroMillions or equivalent price lottery. Terms apply see site for details over 18s only gambleaware.co.uk.”

Following a complaint that the ad misleadingly implied it was a lottery, the ASA said that the voiceover at the start of the ad, which was delivered in a high-pitched tone, gave the claims prominence and the strong impression that the ad was promoting a lottery. The added reference to an estimated jackpot contributed to that impression.

Although the ASA considered that the term “bet” could help consumers understand that Lottoland was promoting a gambling product rather than an actual lottery, this would only be the case provided the ad made sufficiently clear that the term was made in the context of betting on the outcome of a lottery.

Despite the references to bets and the Gambling Aware website, the ASA said that it was not clear that consumers would be playing in a gambling game rather than in a lottery and, consequently, did not dispel the impression given by the voice-over’s references at the start of the ad that a lottery was being promoted. As such, the ad breached BCAP Code rules 3.1, 3.2, 3.3 and 3.3.1 (Misleading Advertising). To read ASA Ruling on EU Lotto Ltd (1 February 2017), click here.