Quote:
Originally Posted by riverph7
There is nothing delusional about it. NJ state gaming commission has declared the tourney canceled. Unless borgata is lookin for massive class action law suit ( there will be lots of law firms ready to help 4300+ players who were busted out before cashing ) Borgata will be more then happy to refund IMHO .(it's good for the business)
I would call it "thin value," but if chips were really introduced on day 2, then I don't see a case for refunding those who busted on day 1. Borgata may be able to get away with only refunding the non-rake portion too. It would be a hard
legal case to make that Borgata clearly did not provide the service paid for by the rake portion, which is holding a poker tournament. As others have said, and Borgata would argue (likely correctly), they took the same precautions other tournaments do such as WSOP.
Of course, the case in a non-legal setting is clear that Borgata executed it poorly, but the laws are set up only to allow you to sue for truly negligent actions in breaking a contract. It's hard to see just how negligent Borgata was versus simply being "unlucky" if in fact all live tournaments are highly susceptible and they just happened to be the one which was targeted.
But yeah, most likely they will pay out all entry fees to those busted and chop the remaining 27 for business purposes even if they could get away with not doing all refunds "legally," or perhaps just not refunding day one busts if they are certain chips weren't introduced on day one.