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Old 19-12-2006, 02:34 PM   #1
joeyl
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Default Jackpots in a Flash Dispute

An interesting thread at the Casinomeister regarding a £5660 Winnings Confiscation Dispute At Jackpots In A Flash

The player deposited in pounds while residing in France. Got a bonus and won £5660, then cashed out. Casino withheld winnings and refunded player deposit.

The player played under these terms.
Quote:
The Player acknowledges that in order to be eligible for any promotion or bonus they must be playing with the primary currency used in the country where they have a registered address and are playing from.

The casino reserves the right to withhold bonuses resulting from deposits in any currency made in contradiction to this condition. An exception is made for USD and CAD to this clause.
The player argues the winnings should be paid while the bonus amount is withheld as per the terms. The casino has since amended the terms to add winnings to the text.

Q ::
# Should the Player be paid according to the terms?
# Or what the casino meant by the terms?

Personally, I think the casino should pay according to the terms and get someone to write some terms that actually cover themselves.

If they can't, tough, pay. Waffle about the player should contact the casino to verify the terms on the website are nonsense. The terms are published on the WWW, stick to them.

Am I mad?
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Old 19-12-2006, 03:17 PM   #2
notsoezbonus
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Default Re: Jackpots in a Flash Dispute

This happened to someone I know, the player used the same line and the casino agreed that their terms were worded like that and so they paid the player his winnings and kept his bonus. If they now have changed them I guess they can say they count retroactively, a popular tactic among shady casinos.
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Old 19-12-2006, 04:19 PM   #3
caruso
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Default Re: Jackpots in a Flash Dispute

I've not followed this in the slightest. If the rules said only bonuses are forfeited, then he is owed winnings less bonus. If the casino has now updated the rules to include winnings, then this is even clearer indication that playing under the old rules entitled the player to his winnings, as the casino has indicated its awareness of the difference.

I'll have a better look later and see what's what. In the meantime, let me hazard a guess: he complained to eCOGRA and eCOGRA found for the casino, in breach of their own terms. Correct?
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Old 19-12-2006, 06:16 PM   #4
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Default Re: Jackpots in a Flash Dispute

No Ecogra.

Just a French player who deposited in pounds to hopefully make as much money as possible.

# If someone can show me the part where it says winnings will be denied i'd be much obliged.

The casinomeister has another view I must disagree with.
Quote:
Originally Posted by casinomeister
Okay, I think I know what you are trying to say. You are saying that this should be treated like a "sticky bonus". Correct?

But I believe the way this is structured, all bonus play is void - thus the winnings are forfeited.
# The terms do not say bonus play is void, therefore winnings are forfieted. The term clearly says the penalty is bonus withheld.

Last edited by joeyl : 19-12-2006 at 06:47 PM.
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Old 19-12-2006, 10:11 PM   #5
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Default Re: Jackpots in a Flash Dispute

On the face of it as depicted here I would have to say that the casino should confiscate the bonus but pay the player his winnings.

The T&C's are applied rigidly against players, and the casino should be held even more closely to its T&Cs in force at the time of the wager, seeing as they are the folks who actually decide on the terms and conditions to be applied in the first place.

Retroactive T&C's should never be applied - its the rules in force at the time of the wager that is the decider.

If the casino screws up in constructing the T&C for a promo then it should take its lumps and learn from the error - just as players are required to do when they contravene the conditions by mistake.
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Old 20-12-2006, 04:05 AM   #6
caruso
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Default Re: Jackpots in a Flash Dispute

Exactly, Jetset. I've read the thread now, so appreciate your bucking the trend of the industry bods.

To repeat: the terms said "no bonus" if wrong currency is chosen. The terms were subsequently updated to "no winnings or bonus" - demonstrating the casino's clear awareness of the difference. Whether or not the casino "meant" the latter in writing the former is neither here nor there, and no amount of arguing the toss on whether or not the "winnings were derived from the bonus", as Bailey & Loh Ltd are currently doing, changes that. When the player played he stood to lose bonus only in playing in the wrong currency, and bonus only is what he should be forfeiting.

I would offer to bring this to Microgaming's attention at the ICE but obviously cannot access Bailey's forum to make the offer. Someone should take the opportunity to go to bat for the player there. I'm sure Microgaming will not be keen to publically endorse breach of terms on the part of their licensees.
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Old 20-12-2006, 09:13 AM   #7
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Default Re: Jackpots in a Flash Dispute

This could be a marvellous escuse to not pay anyone who doesn't reside in the UK(pds), Europe (Euro) or the USA(USD). WHat is the case for someone like me who's primary currency is AUD- not offered by any MCG ccasino.??

Cheers
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Old 20-12-2006, 11:22 AM   #8
kavaman
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Default Re: Jackpots in a Flash Dispute

People from other countries have to play in usd. thats the way i see it..

-kavaman
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Old 20-12-2006, 12:13 PM   #9
caruso
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Default Re: Jackpots in a Flash Dispute

BWAAAhahaha...it's been posted as "resolved". Good grief.

The player is owed his winnings as per the terms. PERIOD. Resolved my arse. Pay the player as per the terms.

Anyway, this group has form, so noone should be totally surprised.

This business about playing in "the wrong currency" is a joke. Different currencies are offered to convenience players whose financial instruments don't revolve around USD. A UK player without access to USD would be hit by exchange rate charges if he couldn't play in his home currency. Having GBP on offer as well as USD is an advantage to him. Once the player has made his currency CHOICE, what harm is there to the casino? What is the logic in confiscating everything because a French player plays in pounds, or a Mongolian player plays in USD? How has the casino been short-changed? Multiple currencies options is for the convenience of the PLAYER.

Clearly the only currency issue is when the player cashes out a win. At this point, the rogue casino invokes the "wrong currency" excuse to confiscate the winnings. What a farce.

Yeah right, "resolved". LMAO. Let's see how "resolved" Microgaming think this is at the ICE.
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Old 20-12-2006, 12:15 PM   #10
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Default Re: Jackpots in a Flash Dispute

Quote:
Originally Posted by Jetset
If the casino screws up in constructing the T&C for a promo then it should take its lumps and learn from the error - just as players are required to do when they contravene the conditions by mistake.
Nice to be able to agree with you old bean. I preferred it that way.

The casino must stick to the terms for themselves agreed. If the casino waivers a term or 2 in the mistaken players favour, for goodwill purposes, the brownie points accumulate.
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