RE: How can Stars force you to wear the gear at WSOP? page 4This is a discussion thread · 87 replies BillB: You said that magic word again.. "agent"[nq:2]2. You have already earned your entry long before you are asked to sign this "supplementary contract".[/nq] [nq:1]No you haven't. You simply won a tournament. Winning a tournament does not earn you the entry to the WSOP. What you "earned" is the privilege of signing a marketing services contract for a marketing company representing the online poker site (in your case, UB).[/nq] That's not a reasonable interpretation of the transaction, and no judge would enforce such an interpretation of a consumer contract.
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BillB: [nq:2]And the contract is enforced how?[/nq][nq:1]Many poker players live up to their agreements. Without using laws most of us disagree with to angle-shoot our way out of the agreements.[/nq] The problem arises when you are told you agreed to something which you did not.
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mulletsrock: [nq:1]You simply won a tournament. Winning a tournament does not earn you the entry to the WSOP. What you "earned" ... there were no rules on ub about any kind of marketing service, i could understand for stars but not ub[/nq]Posted using RecPoker.com - http://www.recpoker.com
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Gary Carson: [nq:1]If you choose to breach your contract with the marketing agent by not wearing UB gear, then the marketing agent (not UB) will sue you for damages.[/nq]LOL. Sure. They owe me money then coerce me into signing an unenforceble contract and their going to sue me in US court, making sure we can locate some assets for Ashcroft. Sure. Gary Carson http://garycarson.com
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Bollduh: Personally I wouldn't care about wearing their *** if I won a spot...but if I did make the final table I'd like to get snazzed up for the occasion instead of wearing a polo shirt and a one-size-fits all hat-Greg [nq:1]up[/nq] Posted using RecPoker.com - http://www.recpoker.com
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Bollduh: [nq:2]While I don't understand what the big problem with wearing the logo wearis,[/nq][nq:1]The original poster was merely asking a question, and did not indicate that he has a "problem" with this. But this newsgroup is full of illiterate morons who love twisting what people post.[/nq] True, I really don't care about wearing the crap...I just didn't see how they could take back all money I made in the WSOP when I put my own money into a tourney and won a seat in a tournament that already had juice in the first place -Greg Posted using RecPoker.com - http://www.recpoker.com
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Bollduh: Has that question been answered either?[nq:2]Putting a different spin on a previous post...How can Pokerstars/UB/whoever ... do this...can anybody enlighten me on this issue? Thanks -Greg[/nq] Posted using RecPoker.com - http://www.recpoker.com
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Bollduh: Well then why do all the *** on the site say "win a seat to the WSOP" on the ads on the site...KrazyKAnuck didn't post last week about winning a 20+2 rebuy "marketing services contract" tourney last week...he said 20+2 rebuy WSOP seat to the winner...wouldn't this be false advertising?-Greg...who never found law interesting til today [nq:1]up[/nq] [nq:2]i won a seat on ub and at no time ... having to wear gear and i wont wear their gear[/nq] Posted using RecPoker.com - http://www.recpoker.com
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C06777: This is exactly how it began with the ban on cigarette advertising also. TV commercials were the first to go.
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Russell Fox: Prefacing this with the statement that I am NOT an attorney,1. Gambling is generally considered against the public interest. As such,contracts involving gambling are generally unenforcable. What this means is that a casino doesn't have to give you cash for your chips. Of course, there's a caveat to this although that action would be legal, the casino would lose its' license. For example, there's a lot of case law in California on gamblers using community property to wager with. 2. Assume that you win a seat in the WSOP from onlinesite.com, andthey have posted (and/or you have received a notice) that you must wear their logowear (clothes) while competing. Would a contract between you and onlinesite.com be enforceable? Almost certainly not the US government considers these sites illegal. (On the 60 Minutes episode on the Jay Cohen case a prosecutor commented that anyone who has money at these sites can't go to the government to get it back should they fail.) And gambling, which is against public policy, underlies the contract. 3. Now say that instead of a contract between you and onlinesite.com,onlinesite.com has a contract (or other agreement) with USAgency, their agent in the US. USAgency gives you a contrac that says you must wear clothes of onlinesite.com in order to obtain your entry. I'm unsure that such a contract would be enforceable (my instincts are that using an agent would not eliminate the problem of an unenforcable contract due to the illegal nature of onlinesite.com). Also, because gambling underlies the contract, again the contract is likely unenforcable. 4. Of course, because the contract is unenforcable, onlinesite.comis under no obligation to buy your entry. An unenforcable contract works both ways, of course. 5. There's a simple solution: wear the friggin' clothes. I'm surethey'll give you clean clothes in your size it's in their best interests, of course! And yours, too, if you want a chance of getting your buy-in. Russ
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