UK Marketing Guidelines
The regulatory framework governing gambling advertising within Great Britain is extensive and robust. These guidelines should be regarded as the primary reference point concerning the manner in which marketing activity in Great Britain should be conducted.
In these Guidelines, reference to “Communication(s)” is to all content used to market/advertise to players (unfunded or funded). Please note that in addition to this, specific Guidelines are applicable to communications submitted via the Customer Engagement Platforms. Furthermore, the drafting of promotional terms and conditions is to be carried out in accordance with specific Guidelines on the matter.
Key Points to: Do
- Always display the “Over 18” logo on Communications.
- Specifically for GB Communications, display the URL “BeGambleAware.org”. For RoW communications, follow the specific jurisdictional guidelines applicable thereto.
- Clearly explain significant terms and conditions, exclusions, exceptions (or similar) relating to a Communication in the Communication itself. Significant terms are those likely to influence the customer’s decision on whether to accept the offer.
- Have full terms and conditions and information relating to a Communication either within the Communication itself (e.g., an email) or one-click away on an appropriate and compliant landing page. There are no exceptions to this rule.
- Always seek approval from the Marketing Approvals and Affiliate Compliance Department for any GB Communications.
Key Points to: Don't
- Contravene any of the laws, regulations, and rules around communications (as set out in further detail within these guidelines). If in doubt, seek guidance from the Marketing Approvals and Affiliate Compliance Department.
- Display or place digital adverts on copyright infringing websites, such as movie streaming or piracy websites.
- Display, direct or place Communications anywhere there is gambling advice, corrective behavioral content, or on any pages, sites, or apps targeting or containing content appealing to minors, young adults, and other vulnerable audiences.
- Simply state “Terms & Conditions Apply” (unless it’s an SMS – see below). All significant terms, conditions, and qualifications of a given promotion must be displayed within the Communication itself.
- Send any Communications to a player unless they have expressly opted into the particular method (e.g., by email, SMS etc.), with the exception of transactional mailers (see below).
- Use the term “VIP” or otherwise offer or imply the provision of VIP treatment or other preferential perks (see below).
Rules applicable to all forms of communications:
You must ensure that any advert, marketing, promotional material, or communication does not:
Display, suggest, create, or encourage socially irresponsible, emotional, financial, antisocial, seductive, strength/ resilience, transformative or criminal behavior(s). Examples include (but are not limited to):
- Gambling as a way of overcoming debt-related problems or traditional employment.
- Gambling transforming somebody’s life (or an aspect of their life).
- Linking gambling with other habits and addictions such as alcohol and/or drugs.
- Suggesting that gambling can enhance personal qualities, such as self-image.
- Gambling privately and losing track of time and knowledge of those around you.
- Gambling taking priority in somebody’s life (against family and friends, for example).
- Providing an escape from personal, professional, or educational problems.
- Exploiting religious, spiritual, or cultural beliefs, including those associated with luck.
- Promoting peer pressure or the “fear of missing out”. You must not imply any sort of urgency in your Communications.
- Exploiting those who are vulnerable to gambling.
- Suggesting, containing or in any other way showing generally unacceptable or offensive behavior.
- Communications that make a consumer play or take part of an offer for a certain period or value before qualifying for a player reward scheme.
- Suggesting that gambling is related to a level of skill when games (or otherwise) are purely based on chance.
Exploit the susceptibilities, aspirations, credulity, inexperience, or lack of knowledge of anybody under the age of 18; or be directed at, or have a strong appeal to, minors and young people.
Display, show or feature anyone under the age of 25 in advertising content.
Display, link or encourage gambling to seduction, sexual success, or enhanced attractiveness.
Examples include but are not limited to:
- The use of an attractive model to show the success of gambling.
- The portrayal of gambling in the context of sexual bravado or the use of overly sexualised scenarios.
Mislead. Examples include but are not limited to:
- Failing to display terms and conditions in a clear and comprehensive manner.
- Distorting or misrepresenting information to cloud its true effect (particularly around “free” promotions- see below).
- Implying or suggesting a sense of urgency where there isn’t one. This includes the use of messaging such as “Claim Now” in CTA prompts, as well as other taglines such as “what are you waiting for?”, “don’t miss out”, etc.
- Advertising an offer as being “exclusive” when it isn’t.
- Presenting expressions of opinion as objective claims.
- Making comparative statements vis-à-vis competitors or the broader market without a basis of objective data (which must be included within the relevant communication).
Space-Limited Communications:
This only applies to SMS. There is no other acceptable “space-limited” Communication that WHG approves. As a result, you must ensure that in any SMS Communication you include:
Mislead. Examples include but are not limited to:
- 18+
- the “BeGambleAware.org” URL
- A reference to the Terms and Conditions of a promotion via a live link (e.g., “Terms Apply”). All Terms and Conditions must be available through one click of that particular Communication on a compliant (and approved) Landing Page. That Landing Page must include full details of the offer and full promo-specific terms and conditions
- A live opt-out link enabling the recipient to change their marketing preferences.
Remember, SMS marketing must also include clear details relating to the offer being promoted.
“Free” and “Bonus”:
“Free” can only be used when giving the player:
- cash funds or cash spins
- that are not tied to a deposit and where
- any winnings are credited in cash and can be immediately withdrawn (i.e., not subject to wagering requirements).
There cannot be any restrictions both in relation to a player’s ability to benefit from an offer or otherwise participate, as well as the use of the benefits derived from such an offer.
“Bonus” is for spins or funds that have any conditions attached (e.g., they are deposit-based, or have wagering requirements etc.) The use of alternative terms such as “complimentary” can be used interchangeably subject to approval and sufficient clarity being provided in the relevant promotional content and terms.
Data Compliance in Marketing:
Communications must only be sent to players who have opted-in expressly to receiving promotions via the channel being employed.
Only the Customer Engagement Platforms operate outside the parameters of the standard communication preferences available to players (web push communications are consented to via the user’s web browser and onsite pop-ups and account inbox messages fall outside opt-in parameters due to their nature as “in-built” features of the respective sites). This rule does not apply to transactional emails, which are only to be submitted following review and approval from the Data Compliance and Marketing Approvals teams.
Similarly, cross marketing activity must be only directed towards players who have specifically opted into such form of communications, as well as the relevant opt-in for the particular communication channel. Any cross-marketing proposals are to be reviewed and approved by the Data Compliance and Marketing Approvals teams.
In an email or other form of Communication, the commercial intent must be made clear and obvious to the recipient. The standard WHG email footer must not be amended in any way. The Subject line must be clear and not misleading (e.g., giving the impression that a communication is not of a promotional nature), and the content itself must comply with these Guidelines.
All Communications (except transactional) must have the opt-out information included for the customer, with no exception.
Social Media advertising and use of influencers
Social media and influencer advertising is subject to specific approval. For the avoidance of doubt, both the creation of social media profiles/pages and individual content posted thereon which is aimed towards a British audience must be subject to pre-approval. Licensees are to be guided by the specific Social Media Guidelines when planning any related activity.
Communications that appeal to (or target) minors and young people
Regulators have consistently highlighted the importance of ensuring that gambling advertising is
targeted away from vulnerable audiences. Assessing the risk of advertising content having a strong appeal to minors and young people can be based upon (but not limited to):
- the content of the communication;
- the form and placement of the communication (e.g., social media post, email etc.); and
- the audience to which the communication is directed.
As a rule, funded players pose little risk as they have been subject to age verification procedures. However, any content targeting unverified players and the general public poses a significant risk. This includes any onsite content visible without the need to log in, programmatic marketing, print advertising, and any social media activity. In such instances, advertising must not feature any content that has a strong appeal to minors and young people.
The following must be adhered to in any GB-based marketing campaigns, promotions or offers:
Audience Targeting & Evidential Data
We should take steps to exclude under-age groups from an audience where tools to do so are available. It is our responsibility to satisfy the ASA by providing robust evidence that we have been diligent in forecasting the likely audience for a marketing communication and complied with the CAP’s rules.
We must also take steps to ensure that we are confident of the likely audience composition of media around which our ads appear. Where this is not the case, we should exercise caution. We must also ensure that we take all reasonable steps to use the data available to include or exclude individuals based on their age or other relevant criteria. No under-18s or individuals who, due to their online behavior, are likely to be under 18 should be targeted directly with gambling advertising.
Use of themes and content that has a strong appeal to under 18s
In accordance with the latest CAP Code changes (effective as of October 2022), advertising must not feature any content that has a strong appeal to minors and young people. The “strong appeal” test does not involve any comparison between the appeal of content to minors and its appeal to adult audiences. The use of animated characters having colourful and/or exaggerated features, as well as themes that are common in children’s cartoons, books, and movies must be avoided when marketing to audiences who have not been subject to age verification, including onsite (unfunded) content, social media, and ad placements on third party sites. Similarly, personalities and celebrities who through recent/ongoing activity hold a strong appeal with restricted audiences must not be featured in such ads.
When designing assets (such as game tiles and promotional imagery) that will may be seen by minors, fonts and elements that have a strong appeal to such restricted audiences (e.g., fonts reminiscent of popular book covers / movie posters, or imagery such as rainbows, Santa Claus, witches / wizards, etc.) must be avoided.
Youth culture & humour
You must avoid the use of themes or content associated with youth culture, including music, video games, fashion, language, and other cultural references (e.g., social media “trends”). The ASA will assess the intended and likely audience and appeal to each when considering the extent of any association with youth culture. When using humour in marketing communications, you need to avoid styles or approaches likely to have salience for under-18s; for example, slapstick or juvenile humour.
Postal Communications
In accordance with ASA guidance, any communication submitted by post must clearly be designated as being of a promotional nature. This must be achieved through clear messaging on the envelope containing the advertising material, or otherwise through the postal labels attached to the same (where material is not enclosed in an envelope). Examples of such messaging include: “Advert from [BRAND] enclosed” or similar. This message should not be in a font size smaller than the one used for the recipient address, and in any case, must be sufficiently prominent to be clearly and immediately visible.
“VIP” Designation
In accordance with the latest Gambling Commission restrictions and ensuing internal guidance, participation by GB residents in VIP schemes is strictly disallowed.
Consequently, customers may not be referred to as a “VIP” (or an equivalent term) in any marketing communication, nor may they be offered any perks (directly or by inference) typically associated with, or exclusively available to, VIP schemes. For example, players may not be promised any preferential treatment (e.g., dedicated/bespoke support) or attendance to ‘VIP’ events (e.g., “win a VIP holiday!”).
Significant and Promotional Terms
Significant terms are the important, pertinent terms relating to an offer or promotion that should enable a consumer to get a full idea of the principal benefits and limitations/restrictions of an offer, without having to trawl through further lengthy terms.
All marketing material across all platforms (except for SMS – see above) must carry Significant Terms whenever advertising a promotion.
Furthermore, onsite banners must similarly feature Significant Terms if a promotion is being specifically advertised. In this section, the term “specific advertisement” refers to instances where the principal benefit/s of a promotion are presented.
Significant Terms must be placed as close to the corresponding specific advertisement as possible, and preferably in such a manner as to be visible simultaneously with the promotional content. Therefore, for example, in the case of onsite and email banners, Significant Terms must be displayed directly above or below them.
In any case, Significant Terms are to include a live link to a compliant landing page wherein the full terms and conditions of the particular offer are presented.
Specific Promotional Terms and Conditions should not be confused with the General Website Terms and Conditions, and the General Promotional terms. These are available on the casino website and are completely standard in nature across all brands managed and operated by WHG. No changes should be made to these two sets of standard Terms at any point without the express consent of the Legal Department.
Detailed advice concerning the content of Promotional Terms and Conditions can be found in specific Guidelines.
Proportionality in promotions:
Provisions 5.1.1 and 5.1.2 of the LCCP sets out clear guidance in respect of the proportionality of offers, particularly in respect of the value of the spend vs the reward of the benefit. Specifically, you must ensure that you the value or amount of the benefit from any offer is not:
- dependent on the customer gambling for a predetermined length of time or with a predetermined frequency; or
- altered or increased if the qualifying activity or spend is reached within a shorter time than the whole period over which the benefit is offered.
Furthermore, it is imperative that if the value of the benefit increases with the amount the customer spends it does so at a rate no greater than that at which the amount spent increases. In the industry, this is referred to “upselling” and it is strictly prohibited.
The provisions of LCCP 5.1.1 and 5.1.2 are reviewed for all materials submitted to the Marketing Approvals and Affiliate Compliance Department.
