Facts surrounding this case
This player has already complained about this to the Network (Merge) and they in turn forwarded the complaint to KGC.
Here is my official reply to KGC regaring this matter.
The player in question was entered into a promotion that gave players the option to earn up to $330 dollars starting with $10 after which players needed to accrue a number of VIP points in order to reach the next level. Details on this promotion can be found here. Link Removed
The terms and conditions for this bonus are also posted on the same page (copied below).
This promotion is open to new accounts only. In order to qualify for this promotion, players must have signed up through a registered affiliate of BigBetPoker.
The Bankroll bonus will be credited to your Poker account.
Players can cash out at any time once their bankroll has exceeded $50 and they have accumulated 700 VIP points.
Once the player requests a withdrawal he/she will be disqualified from the bankroll builder. If a player makes a deposit then they will be removed from the bankroll builder in lieu of the 1st deposit bonus. Should a player wish to remain in the Bankroll Builder program they can opt to do so by informing Support prior to making their initial deposit. Players choosing this option will not qualify for the 1st deposit bonus but may qualify for subsequent reload bonuses if offered.
BigBetPoker reserve the right to reclaim any opening bonuses awarded, and any winnings accrued, if customers are found to be tampering with or abusing any aspect of this promotion, as solely determined by our management. In such instances BigBetPoker shall terminate the player's eligibility to participate in the promotion.
One "Promotion" per person, per IP, family, household, address, email address, telephone number, and shared computer, e.g. public library or workplace. This offer applies exclusively to the first account credited and will not apply to further accounts opened.
BigBetPoker reserve the right to cancel, reclaim or refuse this Promotion at its own discretion.
BigBetPoker reserve the right to ask any customer to provide sufficient documentation for us to be satisfied in our absolute discretion as to the customer's identity prior to us crediting any bonus, free bet or offer to their account. Should the bonus have been credited BigBetPoker further reserve the right to withhold any winnings until such documentation has been received.
The player in question obtained the free $10 but due to a glitch in the system continued to receive bonuses commensurate with the number of points he had received in total which effectively meant that every time the player logged in he obtained more real money into his account.
The player initially started playing poker in a normal fashion until he logged out and back in to discover that he got more money in his account. He then played poker in a loose and erratic style (exactly as you would expect from someone who has realized that he is getting instant tops ups to his account by logging out and in again).
To date the player has had $7615 in bonuses ( he was entitled to get up to $330 based upon him reaching a total of 8100 VIP points) and has never made a deposit. He currently has 7301 VIP points so has not even met the requirement for the total amount of $330 being due. A total of $330.40 was won during tournaments and a loss of $3991.06 from ring games giving a total loss posted of -$3660.66
Once we discovered the error in this system we immediately froze players accounts affected by this in order to carry out an investigation into their play pattern to ensure that these funds had not been dumped to another player as a reciepient and notified the network provider (Merge) about this incident both by phone and email. Merge investigated this but found no evidence to support this player dumping funds.
This player had every opportunity to inform us that there was an error but has maintained throughout correspondence with us that he felt that the funds were his and that as the fault lay on our side that he is entitled to retain all funds currently in his account. In addition, prior to this error coming to light this player was able to cash out a total of $500 via Neteller which we have been unable to recover.
Our terms and conditions specifically allow us to close a players account for breaching bonus rules as well as to rescind any payments due through fraud or other errors and I have notified this player that his account is permanently closed and that the funds in here will not be returned as they are neither the result of a deposit nor bonus money which has successfully been rolled over.
I would like to draw your attention to the excerpts from our published terms and condition which are highlighted below.
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1. Bonuses.
Complimentary or bonus amounts credited by the Company, if any, into your Account for promotional purposes may only be used to play in the Games. You are not entitled to and agree not to, withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are by way of reference specifically incorporated herein. Further, the Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified.
? Cash Outs.
Your account balance ("Account Balance") is the amount of real money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you or amounts forfeited or reclaimed by the Company.
? Abandonment of Account Balance.
The Company reserves the right to cancel your Big Bet Poker.com account for any justifiable reason whatsoever at any time without notice to you. If you do not access your Big Bet Poker.com account by "logging in" to your Account using your Account Name and password for a period of one hundred and eighty (180) days, your Account may be closed and the entire Account Balance will be deemed abandoned and forfeited and the Company may also close any account with any ESP you may have; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game, deposit funds or participate in any activity at Big Bet Poker.com other than logging in.
? Forfeiture, Account Closure and Confiscation.
The Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Big Bet Poker.com account (and any ESP account or Company related account including any such account you may have with other websites and casinos owned or operated by the Company) in any of the following circumstances:
? If you have more than one active account at Big Bet Poker.com;
? If the name on your Big Bet Poker.com account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at Big Bet Poker.com;
? If you participate in a Big Bet Poker.com promotion and withdraw before fulfilling the requirements of that particular promotion;
? If you provide incorrect or misleading registration information;
? If you are not of legal age;
? If you connect from a jurisdiction where participation in the Games is prohibited by law;
? If you have "charged back" or denied any of the purchases or deposits that you made to your Account;
? If you are found cheating or attempting to cheat, or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Big Bet Poker.com system or you are found to have colluded or attempted to collude with other players of Big Bet Poker.com in order to defraud the Company;
? If you fail to comply with any of the terms and conditions set forth in this Agreement; OR
? If the Company should become aware that you have played at any other online gaming site under any of the circumstances set out at i) to ix) above.
If, in BigBetPoker.com's sole determination, you are found to have cheated or attempted to defraud the Games, other players, or BigBetPoker.com in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to the BigBetPoker.com's operation in any media or forum, BigBetPoker.com reserves the right (and you authorize the BigBetPoker.com) to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other online gaming sites, banks, credit reporting agencies, credit card companies, law enforcement departments and other appropriate agencies. BigBetPoker.com may close any accounts, and forfeit account balances, that you have at BigBetPoker.com or at any other Company website, casino and/or business. Further, in the event of you disputing a credit card transaction made at BigBetPoker.com as being unauthorized, or made in a 'card not present' environment, BigBetPoker.com may charge an administration & recovery fee of up to $US 500.00 per disputed transaction if it is deemed by BigBetPoker.com that the transaction was authorized and legitimate. BigBetPoker.com may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or chargebacks, administration and recovery fees, and other associated credit card processing fees or fines.
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Excluded and disqualified players
? 6.1 Officers, directors, employees, consultants or agents of BigBetPoker or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any Promotion, or relatives of any of the foregoing persons (collectively, Unauthorized Persons) are not permitted to participate in any Promotion. For the purposes of these Standard Promotional Terms, "relative" shall include, but not be limited to, a spouse, partner, child or sibling of an Unauthorized Person and any person residing in the same household as an Unauthorized Person.
? 6.2 Should a non-Qualifying Player participates in any Promotion, we reserve the right, without prejudice to any other rights under the Rules, to seek the return of any bonus, payment, award or other prize, including from that player's Account.
? 6.3 We reserve the right, at our sole discretion, to disqualify any player who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any Promotion, or whose conduct is in breach of the Rules, contrary to the spirit of the Rules or the intention of the relevant Promotion, or might, in our reasonable opinion, brings us into disrepute.
Payment of bonuses
? 9.1 Subject to Clause 8.1 above, unless otherwise indicated in the applicable Specific Promotional Terms, all real money bonuses will be paid into the Accounts of Qualifying Players within seven (7) days of entry into the relevant Promotion.
? 9.2 In the event that more than one real money bonus or any excess payment is accidentally paid to a Qualifying Player, we reserve the right, without prejudice to any other rights under the Rules, to seek the return of the amount of any additional real money bonus or payment from that player's Account.
In accordance with the terms specified above, this players account is now closed and any funds contained in the account are forfeit. In addition I am not ruling out the possibility that BigBetPoker will pursue recovery of the outstanding amount ( -$3660.66 (lost through play) + $500 (cashed out)) of $4160.66.
I hope this satisfies any queries relating to or surrounding this account and should it be necessary to provide detailed analysis I am more than happy to do so.
Kind regards,
John
Head Of Poker
BigBetPoker.com
