WinZO Games Private Limited - WinZO

Recommendation: Upheld | Medium: General Public

The ASCI had approached the advertiser for its response in addressing the grievances of the complainant and forwarded the details of the complaint, verbatim, to the advertiser with a request to respond to the same. The advertiser was offered an option to seek an Informal Resolution (IR) of the complaint by modifying or withdrawing the advertisement, or alternately to respond to the objections raised in the complaint. The advertiser was also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and submitted their response. The advertiser in their response stated that, “The Video does not depict or imply minors engaging in online gaming. The advertisement does not suggest or promote underage participation in online gaming for real money winnings. ...... we have added a clear and visible disclaimer to the Video description. Since the video is already live, we are currently analyzing the technical feasibility and exploring potential ways to incorporate the required disclaimer without impacting its existing format”. In support of their response, the advertiser provided a screenshot of the advertisement demonstrating the inclusion of the disclaimer. The advertiser further requested for time to provide a comprehensive response. As a special gesture, the advertiser was granted an extension of additional three business days to submit their response. However they did not respond within the given timelines. The Consumer Complaints Council (CCC) viewed the YouTube advertisement (https://www.youtube.com/watch?v=m9s1NQG3TNY) considered the complaint and the advertiser’s response. The CCC discussed that the advertiser is an online gaming platform. The advertisement does not specify whether all of the individuals shown in the advertisement are over the age of 18. The advertisement lacks age-related disclaimers which would typically clarify whether or not the individuals involved are of legal age to participate in the online gaming activities being promoted. The advertisement can give viewers the impression that even minors could be involved in online gaming for real money. The CCC further discussed that the advertisement fails to include a disclaimer in the same language as the advertisement both in audio and visual formats, warning that, “This game may be habit-forming or financially risky. Play responsibly”. Based on these observations, the CCC concluded that in the absence of disclaimers, the advertisement is misleading by omission. The advertisement contravened Chapter I, Clause 1.4 of the ASCI Code, and Clauses 1, 2, 2(b), 2(b)ii, 2(b)iii of ASCI Guidelines for Online Gaming for Real Money Winnings. This complaint was UPHELD.