ASA rules against betting shop that used verbal agreements with customers
The voucher had no significant conditions or limitations of use printed on it.
Key points:
– A Sean Graham betting shop distributed vouchers and explained the terms and conditions verbally
– When a customer came in and tried to use the voucher outside of these terms, they were refused
– However, there were no terms and conditions printed on the voucher
On 14 March, the final day of the Cheltenham Racing Festival, a Sean Graham betting shop refused a customer from using a £5 voucher on the races.
When the customer attempted to use the voucher, the store claimed that it could not be used on the last day of the races, as it was Gold Cup Day.
A store worker explained that all of this was said to customers when they handed out the vouchers and this understanding was upheld through a verbal agreement.
The store also claimed that “they had not received further complaints” about this from any other customers.
However, the voucher only had a few words on it: “£5”, “matched bet voucher”, “win only – See reverse for conditions of use” and “voucher rules: […] to place your bet, simply take this voucher to any Sean Graham betting shop or on course facility.”
Good to know: As part of the ruling, Sean Graham can no longer give out vouchers with no dates on them if they intend to refuse people on certain days
This is when the Advertising Standards Authority (ASA) stepped in to oversee the situation.
As the regulator for advertising in the UK, the ASA handles complaints and works to ensure that any campaigns are run responsibly.
Considering the omission of a date restriction on the voucher and the large sporting event on at the same time, the ASA concluded that this was “likely to mislead” the customer, and it is the responsibility of promoters to “avoid causing unnecessary disappointment” with campaigns.
Ultimately, the voucher breached CAP Code (Edition 12) rules 8.1, 8.2 (Promotional Marketing), 8.14 (Administration), 8.17, 8.17.1, 8.17.4 (Significant conditions for promotions).
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