Hey Spins - False advertising

Hi jnr2680 - welcome to ThePOGG.com!

Can you please provide examples of exactly where you saw this promotion advertised?

Thanks,

ThePOGG

Hi, i had been playing extreme lightning roulette for a while, and when i tool a break and returned to the lobby this double ball roulette game was offered to me on one of the holding screens with the over riding message clearly stating that if you landed both balls on one number then the payout was 1300:1. Having played hundreds of rounds on other enhanced odds roulette games where you play normally, and the enhanced payout is paid if your numbers roll in i took the advert in good faith and played this different game. I played for approx 25 mins and as soon as the 2 failed payout's occurred i stopped as i assumed it was a technical error, not that i had infact been playing in an incorrect mode. The advertising was misleading. The playing screen is identical to that of the extreme lightning roulette screen where that too has the option of changing the screen from board view to oval table view, the button for which is on th RIGHT HAND SIDE of the screen under all of the game functions. Upon researching the double ball rules and features it states that it is that oval table button that must be pressed to place your bets to qualify for the 1300:1 pay, and that its on The LEFT SIDE of the screen. It isnt, it is on the right, and even then it is not labelled as anything or signposted as a key feature. This game was pure clickbait aimed at enticing people on false pretence and expecting people to learn from their “mistakes”. Ive worked in retail for 20+ years, and it’s illegal to advertise an offer on such a way where there are qualifying stipulations that also need to be matched as these stipulations should be made as clearly as the body of the offer itself

Hi jnr2680,

Do you have any screenshots of this advertisement? Did you click on the advert?

Thanks,

ThePOGG

Hi jnr2680,

I'm following-up on the above?

Thanks,

ThePOGG

Hi, i dont have a screenshot as it was a link in between games as a “game you may be interested in”. The whole reason i clicked it was because the odds were so enticing, similar to the Exxxtreme lightning Roulette i had been playing that had similar odds but had no restrictions. The advert made no mention of this actually being a game within a game. I started playing in good faith, placing my bets but not getting the 1300:1 payout on 2 wins. If i had known i needed to play on a different board within the game, i would have. However, the link for this other board isnt where the instructions say it is

Hi jnr2680,

While we will contact the operator about this matter, without any evidence to demonstrate that you were misled by an advertisement we are left to depend on the operator's good will in volunteering evidence that would support your claim.

Thanks,

ThePOGG

Hi, has there been any update on this?

Hi jnr2680,

We've reviewed this issue with the operator and sadly we are unable to uphold your claim.

Double Ball Roulette offers a payout of 1300 to 1 where both balls land on the same number and you have a bet placed straight-up on that number.

The results of the rounds in question were as follows:

- Round 171ac8723ac70cdc318996ea-qops4pork5ysag4k

3 Red

19Red

- Round 171ac8f28cfbd8f40feead91-qops4pork5ysag4k

3 Red

27 Red

In both of these rounds you did have a straight-up bet on each of the winning numbers. However, both balls did not land on the same number, so the 1300 to 1 payout was not triggered. The game instead correctly paid you the standard payout for a single ball landing on one of your straight-up bets.

Sorry we could not be of further help,

ThePOGG

This is not correct. As i have stated, in the time frame i was playing, i TWICE had straight up bets on numbers where on ONE spin, BOTH BALLS LANDED ON THE SAME NUMBER, so any game Hey Spin are saying had 2 different numbers on them were not the spin in question. I only played the game for 25 mins so they should be able to check all spins on my one session of play

I have further investigated my complaint with the guidance set out on the gambling commission website, and based on my complaint, where not only was the advert absolutely not clear that double ball roulette that was advertised with odds of 1300:1 for landing 2 balls on 1 number was not the game odds that you played to win unless you clicked another button, but also the terms and conditions didnt make this clear, as, like i have said, the stipulation that you must play by placing the exact same bets via an add on to the game was not mentioned until the last paragraph of page 2 or 3 of the game rules

Consumers must be able to understand all of the terms that govern their play. You should remember that literacy levels vary significantly across the population and a consumer reading your terms may not have English as their first language. There are freely available tools that can assess the reading level needed to understand a piece of text.

The following guidance in this section relates specifically to Promotions.

Ensure all Significant Conditions are provided:

to consumers in a clear, timely, intelligible, unambiguous, transparent, non-misleading and prominent manner

within the advert and with the headline offer on all relevant landing webpages and sign-up webpages (or equivalent) for that Promotion

within the advert and with the headline offer on any other advertising on any medium for that Promotion, except where it is impossible to do so due to significant limitations on time and/or space in the relevant advertising medium, in which case give as much information about the Significant Conditions as possible within the advert, and with the headline offer, together with a link to a webpage (or Equivalent) containing all the Significant Conditions and other terms relating to the Promotion in full.

Hi jnr2680,

Firstly - with regards to advertisement, you would be correct if this was an advertisement. But it wasn't. It was a display of the odds available for a specific bet. In-game information, provided in-game. Not a promotional communication that was intended to draw players into the game. This is no different to a paytable on a slots game, or 'Blackjack pays 3 to 2' on a blackjack table. The basic information is displayed on the game screen, and is expanded upon in the game rules.

And furthermore, there is nothing unclear about the messaging in this instance, which reads "Two balls on selected number pays 1300 to 1." Within the context of a roulette game that uses two balls, this is easily understandable. It says "number", not "numbers", so it is easily understood that both balls must land on a single number.

You are at this point making contradictory claims. In your response on the 30th of January, you are claiming that you did in fact receive both balls landing on the same number and that the game did not pay out correctly. Then in your response on the 1st of February you are arguing that the advertisement isn't clear enough for you to understand, which means you are claiming that the correct conditions did not occur, but you could not have reasonably understood this because the advertisement was not clear enough.

We need you to be clear about your claim - are you asserting that the game did not pay out correctly, or that your claim is based on improper advertisement?

Thanks,

ThePOGG

I think i am being misunderstood. I clicked on a pop up advert offering 1300:1 odds on double ball roulette. I did not search for the game, it was a pop up advert targeted at me as a game i may be interested in (that is what the pop up said). I have NEVER disputed that both balls must land on the same number, that is EXACTLY my point. I know that needs to happen. On TWO separate spins, which Hey Casino can easily search and verify as i was playing for such a short time, BOTH balls landed on ONE of my selected straight up bet numbers on the same spin. Therefore, i expected the 1300:1 payout. It was NEVER made clear, as i have mentioned, that the odds of 1300:1 were not paid out on the standard game you automatically play, but only if you placed bets on the secondary table by pressing another button. His is the whole point i am making. I am not confusing matters. Hey spins Ts and Cs are confusing the situation. They effectively entice people in with promised odds, but the game you play is infact standard roulette odds unless you play on a link within the game. Plase ask Hey Spin to provide a transcript of my game results for the period of time in question and you will see 2 separate rounds where i had both balls land on the exact same number on the same spin

Date – 09/02/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Date – 18/02/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Date – 27/02/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Hi, i am just wondering if hey spin have supplied the transcript of my bets for the date and timeframe requested?

Date – 04/03/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Date – 20/03/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Hi, thank you for the updates,. Could you advise when this case will become eligible to be escalated to the gambling commissioner as the site are clearly not providing the requested evidence that will prove my point

Hi, thank you for the updates,. Could you advise when this case will become eligible to be escalated to the gambling commissioner as the site are clearly not providing the requested evidence that will prove my point

Hi jnr2680,

The records have to be obtained from a 3rd party live game provider. This is not a case of the operator failing to cooperate.

As to escalation - there is no process for escalation of complaints beyond the appointed ADR. ADRs are appointed specifically to provide rulings on behalf of the regulator.

Thanks,

ThePOGG

Date – 10/04/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Date – 16/04/2023

This complaint has been checked. Work is ongoing on this matter. We will revert to you when we have new relevant information to share.

Thanks,

ThePOGG

Hi jnr2680,

We've now received the full play history of every round that occurred during the playing session in question.

During your playing session, both balls landed in the same pocket 4 times, a remarkably high frequency of hits for a rather unlikely occurrence.

I'll detail below the wagers you placed on each of these four spins, and the outcomes, before coming to the reason for your confusion at the end.

29th spin - 05:38:36 server time.

Bets:

At least one ball on 11 0.20

At least one ball on 28 0.20

At least one ball on 13 0.20

At least one ball on 15 0.40

At least one ball on 7 0.20

At least one ball on 17 0.20

At least one ball on 36 0.20

At least one ball on 2 0.20

At least one ball on 27 0.40

At least one ball on 33 0.20

At least one ball on split 16 and 17 0.20

At least one ball on split 17 and 20 0.20

At least one ball on 1 0.20

At least one ball on 26 0.40

At least one ball on 34 0.20

At least one ball on split 17 and 18 0.20

At least one ball on 31 0.40

At least one ball on 25 0.20

At least one ball on 0 0.20

At least one ball on 3 0.20

At least one ball on 8 0.40

At least one ball on split 14 and 17 0.20

At least one ball on 9 0.20

At least one ball on 23 0.20

At least one ball on 5 0.20

At least one ball on 29 0.20

At least one ball on 19 0.40

At least one ball on 10 0.20

At least one ball on 21 0.20

Result: 21 Red and 21 Red.

Your only winning bet on the above spin was At least one ball on 21 Red.

*****************************************

34th spin - 05:42:38 server time.

Bets:

At least one ball on split 17 and 18 0.20

At least one ball on 29 0.20

At least one ball on 28 0.20

At least one ball on 19 0.40

At least one ball on 25 0.20

At least one ball on split 16 and 17 0.20

At least one ball on 31 0.40

At least one ball on 15 0.40

At least one ball on 27 0.40

At least one ball on 8 0.40

At least one ball on 7 0.20

At least one ball on 36 0.20

At least one ball on 34 0.20

At least one ball on split 14 and 17 0.20

At least one ball on 13 0.20

At least one ball on 10 0.20

At least one ball on 17 0.20

At least one ball on 3 0.20

At least one ball on 1 0.20

At least one ball on 11 0.20

At least one ball on 9 0.20

At least one ball on 26 0.40

At least one ball on 23 0.20

At least one ball on split 17 and 20 0.20

At least one ball on 2 0.20

At least one ball on 33 0.20

At least one ball on 0 0.20

At least one ball on 21 0.20

At least one ball on 5 0.20

Result: 10 Black and 10 Black.

Your only winning bet on the above spin was At least one ball on 10 Black.

**************************

41st spin - 05:47:56 server time.

Bets:

At least one ball on 23 0.20

At least one ball on 9 0.20

At least one ball on 36 0.20

At least one ball on 5 0.20

At least one ball on 3 0.20

At least one ball on 13 0.20

At least one ball on 33 0.20

At least one ball on 29 0.20

At least one ball on 8 0.40

At least one ball on 19 0.40

At least one ball on 10 0.20

At least one ball on 11 0.20

At least one ball on 31 0.40

At least one ball on split 17 and 18 0.20

At least one ball on 0 0.20

At least one ball on split 14 and 17 0.20

At least one ball on 15 0.40

At least one ball on 27 0.40

At least one ball on 17 0.20

At least one ball on 7 0.20

At least one ball on 34 0.20

At least one ball on split 17 and 20 0.20

At least one ball on 26 0.40

At least one ball on 1 0.20

At least one ball on split 16 and 17 0.20

At least one ball on 28 0.20

At least one ball on 25 0.20

At least one ball on 2 0.20

At least one ball on 21 0.20

Result: 0 Green and 0 Green.

Your only winning bet on the above spin was At least one ball on 0 Green.

******************************

41st spin - 06:24:09 server time.

Bets:

At least one ball on 28 0.20

At least one ball on 3 0.20

At least one ball on 1 0.20

At least one ball on 8 0.40

At least one ball on 36 0.20

At least one ball on 34 0.20

At least one ball on 9 0.20

At least one ball on split 17 and 18 0.20

At least one ball on 7 0.20

At least one ball on split 17 and 20 0.20

At least one ball on 31 0.40

At least one ball on 10 0.20

At least one ball on 26 0.40

At least one ball on 19 0.40

At least one ball on 27 0.40

At least one ball on 17 0.20

At least one ball on 2 0.20

At least one ball on split 16 and 17 0.20

At least one ball on 23 0.20

At least one ball on 29 0.20

At least one ball on 0 0.20

At least one ball on 15 0.40

At least one ball on 11 0.20

At least one ball on 25 0.20

At least one ball on split 14 and 17 0.20

At least one ball on 5 0.20

At least one ball on 13 0.20

Result: 1 Red and 1 Red.

Your only winning bet on the above spin was At least one ball on 1 Red.

***************************

To move on to where your confusion has arisen.

You will see in each of the above lists that your wagers were exclusively on "At least one ball on..." bets. Nothing wagered on "Both balls on...". That is because you were placing your wagers on the main board, and not the side bet race track used to place bets on the 1300 to 1 wager that both balls will land in the same pocket. See the screenshot, taken from a YouTube video, below:

I hope the above helps clarify your confusion. There has been no mispay here - you simply misunderstood where you should place wagers to receive the 1300 to 1 payout if both balls land in the same pocket.

Thanks,

ThePOGG

Hi, thank you for the response, however this simply further proves my point: the game is explicitly advertised as 1300:1 payout if both balls land on the same number on the same spin (which occurred for me), when in actual fact, the ACTUAL game you are lured in to play, is standard roulette, just with 2 balls, and only if the player effectively selects a game within a game do they get the odds offered. The screenshot supplied looks nothing like that on heyspins mobile games website, and as i have also explained, when you read the rules explaining that there is a game within the game (buried at the bottom of the Ts and Cs) their instructions are wrong as they say the button to press is on one side of the screen when in fact it is on the other.. this is a CLASSIC example of luring people in with clearly advertised odds, but hiding playing requirements and instructions out of clear sight.

Please can you advise how i can download this case file as i am seeking clarity from the gambling commission

Hi jnr2680,

I'm sorry but we do not agree at all that this layout of the game is in any way misleading. And to further evidence this point, this game is accessed by tens of thousands of players every day across hundreds of casinos. You are the only person we have ever encountered who has raised issues with understanding this layout. That does not suggest that this layout is indecipherable to players.

We are sorry that you individually found this a challenge to understand, but it is the opinion of this service that your claim does not present valid grounds for any form of refund.

This file will be published and accessible to everyone in the coming weeks.

Sorry we cannot be of further help.

ThePOGG