When done well, video game collaborations offer brands something that traditional advertising often struggles to achieve: genuine connection with audiences. Laura Harper recently hosted a webinar exploring this topic alongside Geraint Lloyd-Taylor, Jen Dinmore, and Kieran Holmes-Darby, Head of Gaming at Ear to the Ground.
Getting activations right
Kieran opened with a useful framework for thinking about gaming marketing. Traditional advertising—posters, broadcasts, and the like—has always had difficulty gaining traction with gamers. Product integrations and branded content can work well when executed thoughtfully. But it's community-built services and social media that truly shine when building audiences and cultivating a loyal fan base, with relatively low barriers to entry for campaigns of all sizes.
Gaming remains underestimated in marketing circles, despite being larger than film and television. The industry deserves more investment and more strategic attention. Success requires understanding that gaming audiences are diverse—some games have thriving e-sports communities, while others attract niche followings. Smart brands seek fan feedback early to develop positioning that resonates.
When measuring success, look beyond awards. Share of voice and propensity to purchase offer clearer indicators than industry recognition. Kieran highlighted several campaigns that worked: Jersey Mike's "subs for dubs" promotion (buy one, get one free when their sponsored e-sports team won), Ballantine's creative tie-up with Borderlands blending real and digital worlds, and a basketball activation using influencers to bring people into NBA stores in France and the UK.
The advertising landscape
From a legal perspective, the Advertising Standards Authority (ASA) prioritises preventing misleading consumers and promoting social responsibility, with particular interest in loot boxes and influencer marketing. Sector-specific rules apply, for example, around less healthy foods and alcohol, which would have been relevant for activations like the Jersey Mike's and Ballantine's campaigns if they had taken place in the UK.
Key considerations include:
- Avoid misleading consumers through acts or omissions
- Ensure claims are substantiated before making them, especially when it comes to pricing claims
- Take particular care with comparative claims
- Be mindful of children—if a game is free, visuals should not showcase items requiring payment (the ASA issued rulings on this in November 2025)
- Avoid promoting violence or anti-social behaviour in adult-focused games
- Ensure influencers clearly disclose paid partnerships—a simple #ad typically suffices
Consumer law considerations
The Competition and Markets Authority (CMA) focuses on pricing, subscriptions, and influencer marketing. Since April 2025, the stakes have risen considerably: the CMA can now issue substantial fines for consumer law infringements, having already launched eight investigations and fined one company for failing to cooperate.
Four priorities stand out. First, gaming has been on regulatory radars for some time—the Office of Fair Trading's 2014 principles remain relevant, covering issues such as transparent pricing and not pressuring children into purchases. Second, drip pricing (presenting one price then adding charges through the purchase process) is firmly in the CMA's sights. Third, subscription rules are changing later this year, including new cancellation rights and requirements to allow online cancellation where customers signed up online. Fourth, the EU's planned Digital Fairness Act will affect anyone marketing or selling to EU consumers, with a particular focus on in-game spending by children and pricing transparency.
Contractual foundations
Every collaboration requires a solid agreement covering community engagement and in-game assets. Key issues include defining existing intellectual property and licence scope, establishing appropriate warranties and indemnities, addressing exclusivity, and determining revenue sharing arrangements (flat fees or revenue share for influencers). User-generated content and derivative works require careful consideration regarding ownership. Brand guidelines should be shared, and parties should have clear mechanisms to protect brand integrity.
Laura noted a recent Court of Appeal decision recognising virtual gold pieces in a game as property under the Theft Act—a principle likely to extend to civil matters.
Online safety, child privacy and AI
Ofcom is steadily implementing the Online Safety Act, with requirements already in force for risk assessments, preventing illegal content, and protecting vulnerable groups. Enforcement has begun, with fines issued for inadequate age verification (self-declaration is insufficient) and failure to cooperate. Ofcom has published specific guidance for the gaming industry.
Child privacy extends beyond online safety, with the UK government consulting on children's access to social media. Meanwhile, the EU's AI Act presents ongoing challenges, though its Digital Omnibus initiative may adjust some requirements. Transparency obligations remain particularly complex for gaming businesses to navigate.
