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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.

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