need help - banned
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January 19th, 2012 at 9:35:07 AM
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ill try and keep this short-
I was offered a really sweet deal to play in a casino
3k up front to start month - predicated upon a coin in of 360 k for the month prior
250 additional each week for weekly incentive
and susequently 1000 for every 160k coin in during the month of play
there were mistake made obviously and the deal changed c couple of times before becoming the one listed above
this went on for 9 months at which point i was banned from the casino in question - in florida
my question is - I know I am not entitled to future offers however the 3k monthly that should be added for feb based on 360 k in for january was achieved prior to me being banned- are they still obligated to pay it which they are claiming they are not -
WIZARD- CAN YOU HELP ME PLEASE???
feel free to pm me for more info
I was offered a really sweet deal to play in a casino
3k up front to start month - predicated upon a coin in of 360 k for the month prior
250 additional each week for weekly incentive
and susequently 1000 for every 160k coin in during the month of play
there were mistake made obviously and the deal changed c couple of times before becoming the one listed above
this went on for 9 months at which point i was banned from the casino in question - in florida
my question is - I know I am not entitled to future offers however the 3k monthly that should be added for feb based on 360 k in for january was achieved prior to me being banned- are they still obligated to pay it which they are claiming they are not -
WIZARD- CAN YOU HELP ME PLEASE???
feel free to pm me for more info
January 19th, 2012 at 9:39:14 AM
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I've never (EVER) seen one of these deals that wasn't subject to change or cancellation at any time for any reason at the promoter's sole discretion.
"So as the clock ticked and the day passed, opportunity met preparation, and luck happened." - Maurice Clarett
January 19th, 2012 at 9:55:03 AM
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yes i know, but can they change it after I earned the required points and not pay me it?
January 19th, 2012 at 10:27:25 AM
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Was the deal in writing? You may have a valid contract even if it's not. See an attorney.
"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice."
-- Girolamo Cardano, 1563
January 19th, 2012 at 10:44:46 AM
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yes i have it in writing, the argument they are saying is that since I am banned its all null and void which I have no problem with but dont they have to give me what I earned?
January 19th, 2012 at 10:47:05 AM
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Can I ask a question? Why are these weird prebates offered and then why would they ban the recipient?
January 19th, 2012 at 10:49:02 AM
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Why were you banned and what casino was it? At least indicate if it was tribal, pari-mutuel, or ocean.
January 19th, 2012 at 10:49:34 AM
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it started as 3k monthly based on 360k coin in for the prior month, then i was going over 360k so they offered me 1k extra for every 120k coin in after that, somehow the translation got lost and I got 3k beginbning of month then 1k every 120k coin in on top, just trying to get the 3k for feb that was based on 360k coin in for januaury
January 19th, 2012 at 10:51:43 AM
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Quote: jeffwarren75yes i have it in writing, the argument they are saying is that since I am banned its all null and void which I have no problem with but dont they have to give me what I earned?
Is that part in writing too, or did they make it up? If you agreed to those terms -- that if you're banned, they can void all of your past rewards -- then you're probably out of luck. If you didn't agree to those terms, see an attorney.
"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice."
-- Girolamo Cardano, 1563
January 19th, 2012 at 10:58:45 AM
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I am an attorney in Las Vegas, based on the facts provided you probably have a breach of contract claim against the casino, but you need to show an attorney the contract and let him review it and determine whether you have a claim.
Further, were you receiving cash based on your play or was this promotional money? If cash, I definitely think you have a claim. If it is promotional money/chips/credits, then they could award it to you, but you wouldn't be able to use it.
Further, were you receiving cash based on your play or was this promotional money? If cash, I definitely think you have a claim. If it is promotional money/chips/credits, then they could award it to you, but you wouldn't be able to use it.
January 19th, 2012 at 10:59:19 AM
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its not a tribal - its one of the pari mutuals, i never signed anything and was only banned verbally-
January 19th, 2012 at 11:05:51 AM
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yea it was promotional money unfortunately but I spoke to someone and they compared it to a casino saying- fly to vegas play as much as you want we will refund half losses in chips - then after you lose banning you and saying sorry- too bad
almost like fraudulant solicitation
almost like fraudulant solicitation
January 19th, 2012 at 11:16:22 AM
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There should be language in the contract for something like this. I would believe the contract may claim the promotional money is non-transferable or cannot be used or converted for any other purpose.
If I was the casino, I would credit your account, but then deactivate your card so that the only time the promotional money could be used is if they reactivated your account. Therefore, they would be compliant with the agreement, but could prevent you from using the promotional money.
Unfortunately, the casino probably doesn't need a valid reason to ban you from the property, but if you were banned simply because of the promotional agreement then you may have a fraud claim. Fraud is tough to prove as you have to prove intent. There had to be an intent by someone from the outset of the agreement to never pay you the promotional chips, which it doesn't sound like that is the case.
If I was the casino, I would credit your account, but then deactivate your card so that the only time the promotional money could be used is if they reactivated your account. Therefore, they would be compliant with the agreement, but could prevent you from using the promotional money.
Unfortunately, the casino probably doesn't need a valid reason to ban you from the property, but if you were banned simply because of the promotional agreement then you may have a fraud claim. Fraud is tough to prove as you have to prove intent. There had to be an intent by someone from the outset of the agreement to never pay you the promotional chips, which it doesn't sound like that is the case.
January 19th, 2012 at 11:22:55 AM
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He may also have a claim for Promissory Estoppel, depending on the construction Florida courts give to this cause of action. Contact a Florida commercial litigation attorney. Google is not a bad starting point.
January 19th, 2012 at 11:26:38 AM
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There is something missing here, namely why he was banned. Not a lawyer like some of you, but doesnt cause affect the decision?
January 19th, 2012 at 11:39:57 AM
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I was not given a reason why I was banned- I could go on with a lot of reason but they were looking for one especially since a while back I found a glitch on withdrawing freeplay where it would credit the machine freeplay but not deduct it from your account if you did the withdraw at a certain moment of the game mainly - taking a withdraw in the middle of a video poker hand before you drew any cards you could withdraw 1000 in freeplay it would add on the machine but not deduct your account- very few if anyone else found it simply because who would try that- i found it out by accident and got a good chunk from it before they found out but since i was a big player and because it was a glitch there was little they could do
January 19th, 2012 at 12:09:31 PM
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Quote: jeffwarren75i found it out by accident and got a good chunk from it before they found out but since i was a big player and because it was a glitch there was little they could do
I feel like I should suggest, at this point, that it's possible that they feel like you've already received your $3k (and more) by, you know, stealing from them.
"So as the clock ticked and the day passed, opportunity met preparation, and luck happened." - Maurice Clarett
January 19th, 2012 at 12:18:11 PM
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Are you located in Broward County? I'm a Florida attorney and will gladly take look at the contract if you can email it to me.
January 19th, 2012 at 12:28:00 PM
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Quote: dlevinelawAre you located in Broward County? I'm a Florida attorney and will gladly take look at the contract if you can email it to me.
Social media FTW!
"In my own case, when it seemed to me after a long illness that death was close at hand, I found no little solace in playing constantly at dice."
-- Girolamo Cardano, 1563
January 19th, 2012 at 12:55:52 PM
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Ha! I've been around here awhile, and I don't practice this kind of law, but I'm happy to provide comments to him, though I suspect there is something going on here that's not being said.
January 20th, 2012 at 12:25:48 PM
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hey dlevinelaw, please pm me with a way to reach you and ill be happy to give you the whole story there may even be a lawsuit in it
January 21st, 2012 at 2:47:25 PM
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hey devine sent you an email
January 21st, 2012 at 2:54:45 PM
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My suspicions since post number one.Quote: dlevinelawthough I suspect there is something going on here that's not being said.
January 23rd, 2012 at 4:09:39 PM
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ill be happy to post answers to any suspicions - there is nothing private - ask away
January 23rd, 2012 at 4:16:48 PM
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Quote: jeffwarren75I found a glitch on withdrawing freeplay where it would credit the machine freeplay but not deduct it from your account
This is robbery, no wonder you were banned. If the
guy walking in front of you has a hole in his pocket
(glitch) and his money falls out and you pick it up,
the money is still his, you're bound by law to return
it to him.
"It's not called gambling if the math is on your side."
January 23rd, 2012 at 4:22:01 PM
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I agree with Bob.
This reads as if you took an illegal shot, got caught and were asked to leave. I think you must have null and voided any implied contract. If there's a written one and it doesn't cover "not taking a shot at us", more fool the casino.
This reads as if you took an illegal shot, got caught and were asked to leave. I think you must have null and voided any implied contract. If there's a written one and it doesn't cover "not taking a shot at us", more fool the casino.
"Then you can admire the real gambler, who has neither eaten, slept, thought nor lived, he has so smarted under the scourge of his martingale, so suffered on the rack of his desire for a coup at trente-et-quarante" - Honore de Balzac, 1829
January 23rd, 2012 at 4:45:12 PM
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Quote: thecesspitThis reads as if you took an illegal shot, got caught and were asked to leave.
The casino see's he was stealing freeplay and they're
comping him on what he's stealing. Banned, and any
comps would be immediately voided.
"It's not called gambling if the math is on your side."
January 23rd, 2012 at 4:58:38 PM
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Quote: jeffwarren75WIZARD- CAN YOU HELP ME PLEASE???
The most I would ever do in a case like this is advise. As came out later in the thread, it sounds like the casino had good reason to ban you. I think if you want to fight this you'll have to go through whatever regulatory agency there is over the particular casino.
One thing I can add is that if a Nevada casino bans somebody the player is still entitled to his points. If they are "comp only" points, then I'm not sure what happens, but I think the fair thing to do would be to honor them at full value in cash. Then again, if theft is involved on behalf of the player, I doubt any Nevada casino is going to make things easy.
Back to this case, my advice is to drop it and move on.
"For with much wisdom comes much sorrow." -- Ecclesiastes 1:18 (NIV)
