Mr Smith Casino confiscates winnings against their own t&c

UNRESOLVED
posted on August 9, 2015.

My winnings of 132 pounds have been removed from account by casino when I asked for withdrawal.
When I asked why is that I was referred to their general term:

"Bonuses are to be enjoyed as an extension of a guest's playing experience, and should be enjoyed as such. Mr Smith Casino reserves the right to review any guest account after two months of play to ensure game play is within these generally accepted guidelines. Those found to be abusing bonuses will be welcome to continue playing, but will not be eligible for further bonuses."

First of all I checked the terms before playing and didn't break any specific terms. I didn't bet more than 10%, I didn't play any excluded game or game that counts 0%. Secondly, the term I was given by the casino only mentiones that I will not be entitled to any future bonuses, which is fine, not that my winnings will get voided at casinos whim!

I think a reputable casino like MrSmith should follow their own t&c :( If they don't like my gamestyle they can change their t&c to reflect that, rather than void winnings already won fairly and in line with their own t&c.

On a side note, during earlier promotion I have made deposits for a total of 200 pounds and eventually withdrew 150. So I made a loss and casino for some reason was very happy with my gamestyle back then. Obviously I never got refunded for my previous loses and now when I actually won something my winnings got voided.

I hope given the circumstances, someone senior from Mr Smith Casino will be able to take a look and reinstate my balance. I know 132 might not be a lot for some, but to me it's actually a significant amount.

posted on August 12, 2015.

Dear,

After investigation by the Casino Team, the team came to the conclusion that there was unwanted behavior on the way how the games were played. This indicates playing in a system which is abusive to the games and bonus' given to the player.
This is the reason that the winnings are confiscated and the deposits are returned to the player.

With kind regards,

posted on August 12, 2015.

Thank you for confirming everything I have said in my complaint.

Can you point where in terms and conditions is it mentioned that "unwanted behavior" will warrant confiscation of winnings? As I have said I have not breached max bet and I have not played any game which is weighted at 0% - The only two instances where your t&c say winnings might be voided.

What more according to your terms : "Those found to be abusing bonuses will be welcome to continue playing, but will not be eligible for further bonuses".

You are binded by your own t&c. By not paying you have breached your own t&c. It would be nice if you could review your decision which seems to be a bit to hasty.

Maybe also you should include a new point in t&c where you will mention you can take away player's winnings as long as their playstyle is considered 'unwanted' or 'abusive'. This would at least let other players know what they're getting themselves into.

Also as you see I have not recieved my money back for all my past deposits which were played in a similar manner (but ended with a loss - which means MrSmith this type of play is suddenly very "desirable").

posted on August 13, 2015.

In response to the above we do have the T&C's in place to do this. And the way the games were played fall under this ruling.

T&C: "Mr Smith Casino reserves the right to revoke and/or cancel any bonuses we judge may have been obtained by misuse of the system."

In this case we have concluded that the player has misused the system and therefore will not change our ruling.

With kind regards,

posted on August 13, 2015.

Hello,

I don't understand what your are talking about. I have not obtained the bonuses in error. Here is the email you have sent to me:

http:/­/vi­ew.n­ew­s.m­rsm­ith­cas­ino.co.uk­/?j­=fe­641­572­716­106­7c7­d10­&m=fe9815707264057573&ls=fdef1777716c037f72117276&l=febd1075736c007a&s=fe2e12757760047c771376&jb=ffcf14&ju=fe30157974620179711570&r=0

It says black and white: "This exclusive offer is only available to recipients of this email.". I didn't obtain it by misuse. You have given it to me and this email is the proof.

I am deeply disappointed that you will not change your attitude. In this case complaint will have to be marked as unresolved. I hope it will serve as warning to others that even if they follow max bet rules, they can still have their winnings confiscated based on arbitrary "misuse".

I hope that I will in this case get my 50 pounds back that I have lost in January. On 16th Jan I have made 4 deposits 12 + 18 + 85 + 85 = 200 pounds and ended up withdrawing 150. So I am entitled to a 50 pound refund. Otherwise it will look like MrSmithCasino can both, keep players deposits when they lose and keep their winnings when they win depending on what profits them more. After returning my deposit, you are free to close my account.

Best Regards,

posted on August 13, 2015.

Dear Adamsz,

We are not saying your received the bonus falsely.

posted on August 14, 2015.

I though this is what you mean by "bonuses we judge may have been obtained by misuse of the system." I'm sorry if I misunderstood you.

But that is irrelevant now as you have said yourself, you will not change your stance which is very unfortunate. Despite all the information I have provided this complaint will have to be marked as unresolved and hopefully will serve as a warning to those who are interesed in playing in Mr Smith Casino.

1, MrSmith is enforcing general "spirit of bonus" confisactions, even if players don't break any point specific terms they can always have their winnings taken based on arbirtrary decision that their play is "unwanted" or "abusive"

2.MrSmith will not apply their terms to your past deposits if you have lost them, but might enforce them upon winning.

posted on August 18, 2015.

Dear,

Here is a part of the T&C's we are refering to:
3.1.2. You will use this Website and your Member Account solely and exclusively for the purpose of Your genuine participating in the Games and not for any financial or other operations. Your participation in the Games will be strictly in Your personal non-professional capacity for recreational and entertainment reasons only;
11.1. If You breach any provision of these T&C or Mr Smith Casino has a reasonable ground to suspect that You have breached them, Mr Smith Casino reserves the right not to open, suspend, close Your Member Account, withhold any money in your account (including the deposit) and apply such funds on account of any damages due by You.
11.2. If Mr Smith Casino suspects that You are engaged in illegal or fraudulent activities when using the Website; or in breach of this Agreement; or that You are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate Your account or cancel any stakes at our absolute discretion.

I hope this has clarified things out.

We are not going to share any detailed information here on Askgamblers. If you want you can and maybe should take this case to IBAS, they can judge independently on matters as these and are the proper body to do such thing.
We are very confident that IBAS will rule in our favor and IBAS is the only instance we will share all relevant and exact data with.

With kind regards,

AskGamblers
posted on August 22, 2015.

Although Mr Smith Casino management did provide our complaints team with an explanation of this issue, we do not consider their decision and actions as justified enough in this particular situation. Unfortunately, we cannot comment in details, however we believe Mr Smith General Bonus Terms need further clarification in order to avoid such situations in future. We also recommend player to seek further assistance on this matter from the casino's licensing authority.

This complaint is now officially closed.