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Gottlieb v. Tropicana Hotel and Casino

United States District Court for the Eastern District of Pennsylvania

109 F.Supp.2d 324 (2000)

Relevant factsFree

Gottlieb (plaintiff), a member of Tropicana's (defendant) free "Diamond Club" program, went to the casino specifically for its promotional prize wheel offering a chance at $1 million, waited in line, and had her card swiped to activate a spin that she alleges landed on the million-dollar prize before an attendant immediately reactivated the wheel, which then landed on a lesser prize; Tropicana disputed that the wheel ever landed on the million-dollar prize and moved for summary judgment, arguing it had no contractual obligation to Gottlieb since the promotion was free.

IssueFree

Whether, where a free promotion is offered with some benefit intended to accrue to the promoter, and a person participates in the promotion by performing conduct that is detrimental to that person even if only minimally so, an enforceable contract is formed between the offeror of the promotion and the participant.

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