ASA rules SpinX Games in breach of CAP Code over “misleading” TikTok adverts 

The Advertising Standards Authority (ASA) has ruled that two paid-for TikTok adverts from SpinX Games have breached CAP Code rules 3.1 and 3.3 concerning misleading advertising. 

The Hong Kong-based social casino uploaded both adverts to the social media platform in March of this year, the first of which was for game app Jackpot Crush that featured a moving casino spinning wheel as well as exploding gold coins, soundtracked by slot machine sound effects. 

Text then appeared on the screen, against a background of casino slot machines, that read: “Enjoy authentic casino slots online. Play now”. 

The second advert was for the Wolf Run Eclipse game app, which followed a similar pattern to the Jackpot Crush advert in showing images of casino slot machines with the sound of slots being used in the background. 

In terms of visible text, this advert read “MASSIVE WIN”, followed by smaller text that stated “In-game rewards are not real money”. 

The ASA has deemed both adverts misleading to viewers as they imply the social casino games could be played to win and withdraw real money or tangible prizes. 

SpinX Games has issued a response to the ASA, stating players were not able to win real money or tangible prizes through the game, adding that the game could be downloaded and played free of charge and the in-app purchases on offer were not required to enjoy the game.  The supplier argued the game was designed purely for entertainment, rather than for gambling purposes. 

The social casino games company said any player who clicked on either of the adverts would have been taken to the relevant app stores, where the listing explained neither real money nor tangible prizes could be withdrawn, and that accompanying consumer reviews also highlighted that point. 

Given customers would have to visit the relevant app stores to download either game app, SpinX Games maintained the unavailability of real-money cashouts was clearly signposted. 

Customers could download and play the game for free before deciding whether to pay for any in-app purchases, another reason why, according to SpinX Games, it is clear no real money was available before a “transactional decision” from the player. 

Crucially, SpinX Games also referenced the disclosures within the games, including the “Responsible Gaming” notice found in the settings section of the apps, a FAQ section, as well as Terms of Service that all consumers were required to confirm they had read – all of which made clear that there were no real-money cash-outs or tangible prizes to be won and the coins within the games and items had no real-world value. 

SpinX Games added that the language used within the apps – “game”, “gaming”, and “XP” (experience points) – reinforced the lack of real money on offer. 

The supplier did concede that the advert for Jackpot Crush omitted the disclosure “in-game rewards are not real money” due to a technical error and, though the advert for Wolf Run Eclipse did include the message, SpinX Games assured it would be more visible in future adverts. 

SpinX Games’ final claim was that the name of the game in advert one – Jackpot Crush – used language synonymous with free social casino games. Likewise, the animation featured in the adverts was the type most commonly used in games without gambling elements. 

Though SpinX Games remained adamant both ads followed TikTok’s guidance for social casino games, it did confirm they have subsequently been removed from the platform. 

Despite the supplier’s challenge, the ASA upheld its ruling that the adverts breached CAP Code rules 3.1 and 3.3 on the grounds the Jackpot Crush advert featured traditional casino imagery alongside an “authentic casino slots online” message that would have misled users to believe traditional casino prizes and real money were on offer through the game. 

Similarly, for the Wolf Run Eclipse advert, the regulator deemed the traditional casino imagery and slot machine sound effects implied the game was similar to a slot machine in a casino and would therefore offer the same sort of prizes. 

The ASA also determined that the disclosure which briefly featured in the Wolf Run Eclipse ad was displayed in small white font against the brightly coloured background, making it difficult for consumers to read.

Altogether, the authority issued its final ruling that neither advert were sufficiently clear in their messaging that real money and tangible prizes could not be won and therefore could be misleading to consumers. 

As a result, the ASA has said the adverts must not appear in the same form again and SpinX Games must ensure it explicitly makes clear to consumers no real money or prizes can be won in the future via these games.