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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)


Facts

The Tropicana Hotel and Casino (Tropicana) (defendant) in Atlantic City offers a “Diamond Club” membership program. Participants sign up by providing basic personal information. No fee is required. Diamond Club members receive unique identification cards that they swipe before playing casino games. Through such swipes, Tropicana collects data that it uses for marketing purposes. Gottlieb (plaintiff) was a member of the Diamond Club. On July 24, 1999, she went to the Tropicana and immediately headed for the Fun House Million Dollar Wheel Promotion (“Wheel”), which offered players a chance to win $1 million dollars among other prizes. Diamond Club members were allowed one free spin of the Wheel per day. Gottlieb waited in line for approximately five minutes before her turn. She asserts that when the game attendant swiped her card and activated the Wheel, it landed on the $1 million dollar prize, but that the attendant immediately swiped another card and reactivated the Wheel as soon as Gottlieb’s win became apparent. The Wheel then landed on a different prize, two show tickets. Tropicana responds that the Wheel never landed on the $1 million dollar prize. Gottlieb brought suit in Pennsylvania, to which Tropicana has moved for summary judgment on the grounds that it bore no contractual obligation to Gottlieb.

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Holding and Reasoning (Bartle, J.)

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