Key Moments:
- The ASA’s October 29, 2025 ruling requires that all promotional headlines display the actual qualifying stake at first contact.
- William Hill’s Marble Race Live ad breached CAP Code rules 3.1 and 3.9 after showing £20 in the headline while setting the qualifying stake at £40 in small print.
- The regulator emphasized that significant conditions must appear clearly upfront, and deferred disclosure through fine print will not meet compliance standards.
Regulatory Changes in Promotional Advertising Standards
The Advertising Standards Authority (ASA) has issued a decisive ruling concerning operator promotions, solidifying the expectation that major qualifying details must appear prominently at first contact. This decision targets the longstanding practice of using small print to alter or contradict main offer headlines, a strategy that is now deemed non-compliant regardless of subsequent disclosures.
Details of the William Hill Marble Race Live Case
Between May 17 and 19, 2025, William Hill ran its Marble Race Live in-app advertisement, highlighting a £40 bonus for a £20 stake. However, the fine print actually established the minimum stake at £40. The ad was presented to 3,057 targeted users before being withdrawn. The ASA determined this violated CAP Code rules 3.1 (prohibiting misleading ads) and 3.9 (requiring that qualifications clarify, not contradict, headline claims). The decision mandates that such an ad cannot appear again in the same format.
| Date | Event | Key Finding |
|---|---|---|
| May 17-19, 2025 | Marble Race Live Promotion Runs | Headline (£20 stake) contradicted by fine print (£40 stake minimum) |
| September 24, 2025 | ASA Action for Same-Day Voucher Promo | Redemption period limited to hours in the evening; flagged as encouraging excessive play |
| October 29, 2025 | ASA William Hill Ruling | Established mandatory first contact clarity for qualifying stakes |
Impact on Operator Practices and Compliance Workflows
The recent ruling underscores that clarity at first glance is now a regulatory baseline. Operators must bring all significant conditions – stake thresholds, payment limits, timing windows, and participation requirements – into the opening view of any promotion. The ASA reinforced that layout and information hierarchy are compliance matters, particularly where mobile banners and limited space can present design challenges. CAP 3.9 distinguishes between clarifying and contradicting qualifications, while CAP 3.10 requires prominent presentation of material conditions even where not specifically cited.
Risks from Creative Processes and Production Errors
William Hill attributed the misstatement to a manual oversight during resizing of its creative assets, changing the headline stake from £40 to £20. The ASA’s assessment clarified that such production lapses, even if brief and affecting only 3,057 users, are nonetheless compliance violations due to their material impact on consumer understanding.
The ruling exposes operational risks connected to variant production – including adaptations for different screen sizes or audience segments – where numerical discrepancies can occur. The recommended mitigation is to centrally control all material numerals related to offers, requiring dual approval from Marketing and Compliance prior to campaign launch.
First Contact Clarity: Practical Checklist
- Display headline figures and qualifiers together in a single on-screen frame.
- Declare all significant conditions – stake amounts, time windows, audience criteria – visibly upfront.
- Assign responsibility for numerical accuracy to a designated compliance owner.
- Use straightforward, two-line banners on small canvases: offer and qualifier, with no symbols or footnotes.
- Archive evidence of compliance and approval for each campaign variant, including re-approval after any modifications.
Wider Precedent for the Industry
The ruling emphasizes that deferred disclosure is not an acceptable practice. Reference to the 2024 Apple Pay case – which mandated that payment exclusions be made clear at first contact – demonstrates that this interpretation carries through to stake requirements and all other material terms. The ASA’s retail voucher case, where a short redemption window triggered concerns around excessive play, further solidifies the expectation for comprehensive transparency in promotional mechanics.
Operating in the Current Regulatory Landscape
With this latest action, the ASA has signaled the end of leniency for ambiguous or incomplete promotions, especially those relying on post-hoc clarifications or mitigation after a user’s initial impression. Operators must integrate compliance controls into creative workflows from the start, rather than treat them as audit steps after production. Institutions and investors attentive to compliance outcomes should monitor whether gambling firms adapt swiftly, as robust first contact clarity could reduce future regulatory risk and drive efficient campaign approvals.
- Author
Daniel Williams
