BETAT - account closed and funds withheld

Hi danny17584 - welcome to ThePOGG.com!

As a UK citizen and as we are the officially appointed Alternative Dispute Resolution service for BETAT Casino there is certain information we have to provide you now.

You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/

To summarise.

– Use of this service does not preclude your seeking redress through court proceedings .

– This service is free to use for both the complainant and operator.

– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

The above is somewhat clunky but a necessary part of the process for any complaint that comes in under ADR procedures.

If you have any questions about the above, let me know.

I'll contact the operator and see what we can find out.

Thanks,

ThePOGG

Hi danny17584,

I am going to finally draw this issue to a close.

Firstly it has to be acknowledged that the nature of your complaint means that it cannot be viewed in isolation. Your complaint is part of a larger group of complainants that all experienced the same issues over a period of approximately a month in the last quarter of last year. When viewed collectively there are a number of behaviour patterns shared across all of the complainants that demonstrate there were factors connecting the activities of these accounts beyond that which could be reasonably explained by coincidence.

Having reviewed the activity of all the involved complainants it can be demonstrated with a very high degree of certainty that some of the complainants have been involved in the operation of accounts under names other than their own to claim bonuses that they are not entitled to. By legal definition this is fraud. Your account does NOT fall into this subset.

However your activity can be demonstrated to have been in violation of the following terms:

12.4 Should the Casino become aware of any user who has accepted the bonus or a promotion with sole purpose of creating a positive expected value on bonus return by using known practices aimed at securing a cash out of said bonus, then BETAT Casino will enforce condition number 12.5 and will enforce immediate exclusion from this and future BETAT Casino promotions.

12.5 If BETAT Casino becomes aware of a user who, in the course of participating in any promotion or offer, has acted in breach of (specifically) condition number 12.4, or any other Term and Condition within this contract, then BETAT Casino may elect to do any one or more of the following: (i) forfeit the full bonus balance in the account; (ii) invalidate the transactions or game play which was in contravention of this term; (iii) withhold the customer’s winnings from such transactions or game play; (iv) retain any real monies wagered and lost while playing toward the bonus; and/or (v) close the customer’s account(s).

Term 12.4 is an unusual term in its very specific wording related to advantage play. In ordinary circumstances I would view the above terms as questionable in their application as the majority of players would not understand the phrase "positive expected value". This is a mathematical term that many players have not been exposed to and even if they had a passing familiarity with what it means, would not necessarily understand how they would go about applying a strategy that would create a positive expected value. Without understanding the term players cannot reasonably be expected to comply with it. However in this case it can be demonstrated beyond reasonable doubt that you not only understand the explicit meaning of the term "positive expected value" but that you acted on this knowledge and applied strategies specifically intended to create a positive expected value through use of the bonuses you claimed. There is no doubt that the strategy you selected was a conscious decision to utilise a bonus to achieve a positive expected value.

That being the case there is a clear breach of terms and the operator is within their rights to void any winnings.

Ordinarily given the non-criminal nature of your infraction I would look to layout the specifics of how the above can be established, but this group of complaints has a unique dynamic that prevents us from doing this. Sharing this type of information in this case would inadvertently provide information relating to how criminal activity was detected to other complainants within this group of complaints. We cannot put our service in a position where our practice facilitates or encourages future criminal activity. As such we will not be engaging in any further dialogue related to this issue.

I have no doubt that this will not be the outcome you were hoping for and will freely acknowledge that this is not how we would prefer to draw this issue to a close. All I can suggest is that in future if you intend to employ legal advantage play strategies you are careful in reviewing the terms and conditions at the operator you choose to play and ensure what your are doing is not clearly and explicitly prohibited.

Sorry we cannot be of further help,

ThePOGG