Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47234 Judge Lynch PLAINTIFF SUED defendant corporation for breach of contract arising from an Internet lottery game operated by defendant. Defendant moved for summary judgment, arguing that the claim fails because the undisputed evidence establishes that plaintiff received a winning notification in error and is therefore not the lottery winner under the rules of the game. The court granted defendant’s motion, holding that the record evidence clearly establishes that plaintiff did not select the winning numbers and therefore defendant’s refusal to award her the prize money is no breach. The court added that a failure to read publicly-available rules does not create a claim for breach, where such a claim is barred by the terms contained in those rules. The court further noted that the rules of the game clearly provide that the sponsor cannot be found liable for incorrect or inaccurate information, specifically including errors caused by equipment or programming associated with the contest or by any technical or human error.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.