<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>JAVA
Lifesabet and eh?
What are you guys smoking. If this happened in Vegas, the casino commission would make WSEX honor the bet since they accepted it. Period. It's only a "cyber crime" if you hack into someone's system to alter the data and circumvent the programming. That was NOT the case here.
*********************
DickW-
...if the Vegas casino had online software. The point of my analogy was that in the US the casino would be forced to accept the wager if the player did not violate a posted rule or hack the system.
<HR></BLOCKQUOTE>
Your speculation as to what Vegas would do in a similar situation is irrelevant since the Nevada Gaming & Control Board doesn't regulate any online gambling sites. Let's take a look at how another sportsbook might have handled the exact same situation. To do so, let's first take a look at snippets of the terms and conditions of another online sportsbook site. Please read the following carefully.
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
APPLICATION
c. You will provide **** with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number and email address.
Any changes to the above-mentioned Account information must be reported to ***** as soon as possible, but in no event later than 10 days after such change.
Wagering:
All ineffective wager requests due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties shall be canceled, and the wagering amount refunded to the Account Holders account. ***** reserves the right to cancel any wager and refund the wager amount to the Account Holder account.
LIMITATION OF LIABILITY
Although ****** diligently updates all track and wagering information periodically, in no way shall ***** be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.
****** shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond *****'s control whether or not similar to the foregoing.
***** may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Account Holder use of the Account.
ARBITRATION CLAUSE
All disputes, controversies or differences which may arise between ***** and an Account Holder, out of or in relation to or in connection with this Service shall be finally settled by arbitration in (location below), in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The decision of the arbitrator shall be final and binding upon all Parties.
The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this agreement. Any questions involving contract interpretation shall be made in accordance with the laws of (location below). An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
NO WARRANTIES PROVIDED BY ******
(D) DISCLAIMER OF LIABILITY. ***** SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL ******, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. *****'s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED AT ****** SHALL BE THE REPLACEMENT OF ANY ****** SOFTWARE FOUND TO BE DEFECTIVE.<HR></BLOCKQUOTE>
(location below = Woodland Hills, California)
So what sportsbook's rules are the these? They are the rules of Youbet.com, the only online gambling site licensed and located in the United States.
Here is their terms and conditions page.
Based on their rules, it is very clear Revere would have a hard if not impossible time getting an arbitrator to rule in his favor. First of all, he violated their Application Requirements by not updating his phone information, which led to Youbet not being able to contact him to cancel his wagers. At the time Revere's wagers were discovered, no one in Youbet's office had the authority to cancel the wagers. Based on Youbet's rules, that would have been immaterial since they basically protect themselves from any type of situation like that, and in fact, based on their rules, it's clear that it doesn't matter whether or not they catch the error before or after the bet has been accepted. (For those clamoring for regulation, read Youbet's rules page carefully. Be careful for what you wish for.) But in this case, it's clear they caught the error before the match went off and attempted to notify Revere that his wager had been cancelled before the match started. Through no fault of their own, and due to Revere's violation of their Application section, they were unable to reach him because he hadn't updated his phone information. Under their limitations of liability in clause D, the delay in operation or transmission section would come into affect here because the supervisor for Youbet was unable to physically cancel the wagers before the match started. It doesn't matter that he made similar bets before because in this case his bet was cancelled before the match started. Those prior bets obviously weren't.
I can't see how Revere's case would have a leg to stand on based on the regulations of the only online gambling site located and licensed in the United States.
C.M.