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US – Revel criticised over small print loop holes

By - 5 August 2013

Revel, the resort casino that many had hoped would revive Atlantic City’s fortunes, has been slammed for a promotional campaign that promised ‘you can’t lose’ with observers claiming a more accurate tag line would have been ‘you can lose twice’ or ‘play it again.’

As part of its ‘Gamblers Wanted’ campaign, Revel promised that ‘from July 1 to 31, all rated slot losses greater than $100 will be refunded to gamblers using a Revel Card.  Gamblers who win, win, but a gambler that loses over the month of July will get that loss refunded.’

However, small print at the end of each ad explained the real extent of the word ‘refund.’ Revel has actually committed to providing losing slot players with ‘free play’ slot dollars for losses of at least $100 during July. Whilst these ‘free play’ dollars can be used to play again, they can’t be cashed out. Furthermore Revel will only give customers the credits in five per cent increments over 20 weeks starting on August 5. If players don’t visit the casino for each of those 20 weeks, they don’t get to play the full amount wagered again.

Revel put out TV and radio advertisements that further stated: “When Revel opened, we made mistakes. Now, we’re asking for a second chance. So we are going to make you an offer you can’t refuse. You can’t lose! All July long, we’re going to refund all slot losses. That’s right — if you win, you win. If you lose, we’ll give it all back. And we’re also going to match all slot offers from our competitors. You really can’t lose. We want a second chance, and to earn it, we’re giving you a second chance.”

The small print at the end of the TV advertisements only flashes up for a second. It stated: “Revel Card required. Minimum cumulative loss of $100 by July 31, 2013. Loss refunds are capped at $100,000. Only slot, video poker and electronic table game play is eligible. Losses are refunded over 20 weeks beginning August 5, 2013 in the form of Free Slot Play.”

The Federal Trade Commission on Advertising stated: “When the disclosure of qualifying information is necessary to prevent an ad from being deceptive, the information should be presented clearly and conspicuously so that consumers can actually notice and understand it,” reads the document. “A fine-print disclosure at the bottom of a print ad, a disclaimer buried in a body of text unrelated to the claim being qualified, a brief video superscript in a television ad, or a disclaimer that is easily missed on a website are not likely to be effective. Nor can advertisers use fine print to contradict other statements in an ad or to clear up misimpressions that the ad would leave otherwise.”

Criticism was levelled at Revel in the Newwark Star- Ledger’s column Bamboozled. One consumer law attorney criticised both the video ad and the print ad for having the ‘capacity to deceive within the meaning of the Consumer Fraud Act’ claiming the video print is ‘minuscule’ and ‘impossible to read.’

A former director of the New Jersey Division of Consumer Affairs, said the ad created a ‘sleazy feeling.’

“The true definition of a refund is, ‘I give you the money back and you can do whatever you want with it. In this case, they’re saying, ‘We give you the money back and you can do what we want you to do with it. They’re creating an environment of hoops you have to go through to get your full refund,” he said.

Perhaps most worrying for Revel’s marketing department, one disgruntled player said: “I have a very different definition of a ‘refund’ than the Revel and I believe a majority of other folks would agree that a refund implies that you will receive a full reimbursement of funds. I’m sure seniors and others have fallen prey to this ‘catch’ and I don’t feel it is right. The marketing campaign definitely gives the public the sense that the program does not have these qualifiers. The Revel has lost my business.”

Revel has not publically commented on the criticism, opting instead to move onto its next promotional campaign; ‘Take a Free Ride to Revel.’

For the month of August, self-parking will be free, twenty-four hours a day, seven days a week, to everyone with a Revel Card. To cap off the promotion, the property will give away 48 cars over 48 hours.

Jeffrey Hartmann, Interim Chief Executive Officer, said: “We wanted to offer a ‘Free Ride to Revel’ promotion so that people can save their money for what they come to Revel to do, play the newest slot machines in town and enjoy our fun and exciting table games. We believe that by making parking free to everyone with a Revel Card, conducting more than 30,000 gas card drawings, and giving away 48 cars in 48 hours, Revel will continue to build on our message of Gamblers Wanted.  With a total of 31,048 drawings, every gambler has a great chance to win.  By displaying every car on property, we think this will be a fun and exciting way to continue the momentum Revel has started in July.”

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