Refusing 1.15 BTC withdrawal claiming cashback bonus is a no deposit bonus, again
8 years ago
Bitstarz.com refuses to pay me my winnings of 1.155 btc stating that any winnings from the loyalty bonus that is given out every Friday is capped at 25 mBTC since it is not tied directly to a deposit, even though the loyalty bonus is based on the amount deposited throughout the week or from the previous cashout. They basically stole my 1.155 btc and replaced it with 0.1 btc stating that it was more than the maximum withdrawal amount that is associated with "free" bonuses because I was a "loyal" player and that if I was unsatisfied with this result then I have the option to opt out of the bonuses and play with my own money.
Even when attempting to withdraw the 0.1 btc I got an email saying:-
"As the maximum withdrawal amount from Friday loyalty bonus is 0.025 BTC, we cancelled your withdrawal and removed the excess money from your account. You can now make a new withdrawal. Good luck!"
I've read through their ToS several times prior to them taking my winnings, however, there is nothing that directly links the loyalty bonus to the ToS "free" bonus rules. I even have an email from one of their VIP Managers that explicitly states that their Friday loyalty bonus is a 15% cashback bonus given out every Friday, and since it's 15% of all my deposits for the week it is clearly not a free bonus. Bitstarz even admits that cashback bonuses are not held to the same terms as a free deposit bonus in a previous complaint by user J K here on AskGambler.
And in this thread for a previous mistake that was exactly the same for 4.4 btc :- https://www.askgamblers.com/casino-complaints/bitstarz-com-stole-my-winnings
(Earlier this month)
This was paid out in the end by Bitstarz Management and acknowledged was a mistake.
Any reasonable person would assume that the loyalty bonus isn't a free deposit bonus (as you need to deposit to earn it) and clearly Bitstarz is just using that section of their ToS to scam players out of legit winnings.
Based on the fact that the VIP Manager explicitly stated that the Loyalty Bonus I receive every Friday is a 15% cashback bonus instead of a free deposit bonus that they are currently claiming should be enough justification to show that they are trying to scam me of my legitimate winnings by selectively applying their ToS terms to a bonus that they have previously stated should not be subjected to those terms. I would like Bitstarz to actually pay me my legit winnings of 1.155 btc since I've met their wagering requirements and have not violated their bonus ToS.
Even when attempting to withdraw the 0.1 btc I got an email saying:-
"As the maximum withdrawal amount from Friday loyalty bonus is 0.025 BTC, we cancelled your withdrawal and removed the excess money from your account. You can now make a new withdrawal. Good luck!"
I've read through their ToS several times prior to them taking my winnings, however, there is nothing that directly links the loyalty bonus to the ToS "free" bonus rules. I even have an email from one of their VIP Managers that explicitly states that their Friday loyalty bonus is a 15% cashback bonus given out every Friday, and since it's 15% of all my deposits for the week it is clearly not a free bonus. Bitstarz even admits that cashback bonuses are not held to the same terms as a free deposit bonus in a previous complaint by user J K here on AskGambler.
And in this thread for a previous mistake that was exactly the same for 4.4 btc :- https://www.askgamblers.com/casino-complaints/bitstarz-com-stole-my-winnings
(Earlier this month)
This was paid out in the end by Bitstarz Management and acknowledged was a mistake.
Any reasonable person would assume that the loyalty bonus isn't a free deposit bonus (as you need to deposit to earn it) and clearly Bitstarz is just using that section of their ToS to scam players out of legit winnings.
Based on the fact that the VIP Manager explicitly stated that the Loyalty Bonus I receive every Friday is a 15% cashback bonus instead of a free deposit bonus that they are currently claiming should be enough justification to show that they are trying to scam me of my legitimate winnings by selectively applying their ToS terms to a bonus that they have previously stated should not be subjected to those terms. I would like Bitstarz to actually pay me my legit winnings of 1.155 btc since I've met their wagering requirements and have not violated their bonus ToS.
Disputed Casino
BitStarz Casino
Reason
Declined payment
AskGamblers
8 years ago
• Support Team
AskGamblers Complaints Team consider the explanation provided on behalf BitStarz Casino management in regards of this complaint to be fair and justified enough and therefore, we confirm the decision taken by the casino to pay to player an amount which is less then the originally requested withdrawal amount to be in line with the relevant terms and conditions and namely:
We would also like to clarify that if there is another case similar to this particular complaint then it must be this one here
https://www.askgamblers.com/casino-complaints/unfair-and-unjust-removal-of-cashed-out-winnings
due to the identical situation where player is NOT considered to be a VIP BitStarz customer and therefore, not entitled to have their winnings derived from the Firday Loyalty bonus to be considered as an exception of the aforementioned bonus rule.
In case of a disagreement with the decision taken by the AskGamblers Complaints Team, we reming player that further assistance on the matter could be requested from the relevant regulatory body.
The case is being officially closed now.
1a.The maximum winnings that will be paid out resulting from a free bonus or free spins without deposit (eg. the 20 free spins upon registration, Wednesday Free Spins Drops, Second Chance Spins, Friday Loyalty Bonus (exception VIP players who have specifically been set on a VIP Cashback Deal as part of their Friday Loyalty Bonus)) will be 100 EUR/USD/CAD/AUD, 1,000 SEK/NOK or 6 000 RUB. Max winnings for GBP is £50 (even if the amount of winnings accrued by you utilizing this bonus is in excess of this amount). In regards to BTC players, the maximum winnings that will be paid out resulting from a free bonus or free spins without deposit will be 25 mBTC. Any winnings exceeding this amount will be forfeited.
We would also like to clarify that if there is another case similar to this particular complaint then it must be this one here
https://www.askgamblers.com/casino-complaints/unfair-and-unjust-removal-of-cashed-out-winnings
due to the identical situation where player is NOT considered to be a VIP BitStarz customer and therefore, not entitled to have their winnings derived from the Firday Loyalty bonus to be considered as an exception of the aforementioned bonus rule.
In case of a disagreement with the decision taken by the AskGamblers Complaints Team, we reming player that further assistance on the matter could be requested from the relevant regulatory body.
The case is being officially closed now.
BitStarz Casino
8 years ago
• Representative
Hi there,
Thank you for your reply.
Our terms have always stated the following:
"The maximum winnings that will be paid out resulting from a free bonus or free spins without deposit", which I believe is nothing that you're disputing. Hence this means exactly what it says, and includes the bonuses that are free bonus that are not related to a deposit. That's the bonus you received, hence the max cashout rule applied. "A" and "All" means exactly the same thing in this regard.
For the second part, you just answered your own question. It's exactly because that player was a VIP player that he got to keep his reward. He had a cashback deal that was communicated with yours truly, which means it's based on the deposits, and therefore our term of a max cashout did not apply. That's exactly what distinguishes your situation from his. We realized our mistake, apologized to the player and paid out in full, for the reason that I think that anyone who makes mistakes should own up to it and make amends.
In your case, this term does apply, as demonstrated in the previous messages here. You don't have a VIP deal, hence the bonus received falls in to the "bonus without deposit category" as it wasn't based on deposits, and that's exactly why the funds were deducted. Furthermore, we actually gave you 3x the maximum cashout amount on top as a goodwill, which in my opinion is a clear indication that despite enforcing the rule, we still made a huge exception and acted in good faith.
Kind Regards,
Olle Dickson
VIP Manager
Thank you for your reply.
Our terms have always stated the following:
"The maximum winnings that will be paid out resulting from a free bonus or free spins without deposit", which I believe is nothing that you're disputing. Hence this means exactly what it says, and includes the bonuses that are free bonus that are not related to a deposit. That's the bonus you received, hence the max cashout rule applied. "A" and "All" means exactly the same thing in this regard.
For the second part, you just answered your own question. It's exactly because that player was a VIP player that he got to keep his reward. He had a cashback deal that was communicated with yours truly, which means it's based on the deposits, and therefore our term of a max cashout did not apply. That's exactly what distinguishes your situation from his. We realized our mistake, apologized to the player and paid out in full, for the reason that I think that anyone who makes mistakes should own up to it and make amends.
In your case, this term does apply, as demonstrated in the previous messages here. You don't have a VIP deal, hence the bonus received falls in to the "bonus without deposit category" as it wasn't based on deposits, and that's exactly why the funds were deducted. Furthermore, we actually gave you 3x the maximum cashout amount on top as a goodwill, which in my opinion is a clear indication that despite enforcing the rule, we still made a huge exception and acted in good faith.
Kind Regards,
Olle Dickson
VIP Manager
samitysamx
8 years ago
• Australia
Hi Olle,
I can appreciate what you have said but there is a problem in the precedent you are trying to establish. Namely the specific wording in the examples you have given _clearly_ state:-
"ALL FORMS OF NO DEPOSIT BONUSES"
All forms, is all forms - there is clarity for players there.
In your communications however, you do not mention it specifically, nor include that any terms apply in your promotional email (which I note you do for other types of bonuses in other promotional material.)
I think a better precedent to reference is this one here from one of the other occurrences where you in fact DO pay the player the full amount:-
https://www.askgamblers.com/casino-complaints/bitstarz-com-stole-my-winnings
The reason this is important is the screenshot from it provided by the player clearly shows the *exact* same 'category' of bonus - with the *exact* same text as the bonus applied to my account.
Now before you again mention the VIP status for that players situation I want to point out to you that it is at this point plainly obvious Bitstarz has acted in 'Bad Faith' in my regards to my situation.
The requirement you are asserting [Explicit, direct offer of VIP player status] is quite obviously _choosing_ to not enforce a term for players that would benefit the casino if retained, or otherwise harm the casino if you challenged them (the way you are choosing to challenge me). The confusion it causes for your internal support staff is great evidence of this: They are not aware of the private email you use to hand select the players that you know fall into the category above.
So In summary:-
It is communicated the same way, with the same name, without accompanying terms or conditions, and without reference in the terms and conditions. It has precedent in favour of the player, with the only requirement being that you acknowledge losing the player affects your revenue and hand select them for this.
You have made an exceptional case for demonstrating Bitstarz acting in bad faith.
Please pay my 1.05 BTC of winnings.
Thanks Olle,
I can appreciate what you have said but there is a problem in the precedent you are trying to establish. Namely the specific wording in the examples you have given _clearly_ state:-
"ALL FORMS OF NO DEPOSIT BONUSES"
All forms, is all forms - there is clarity for players there.
In your communications however, you do not mention it specifically, nor include that any terms apply in your promotional email (which I note you do for other types of bonuses in other promotional material.)
I think a better precedent to reference is this one here from one of the other occurrences where you in fact DO pay the player the full amount:-
https://www.askgamblers.com/casino-complaints/bitstarz-com-stole-my-winnings
The reason this is important is the screenshot from it provided by the player clearly shows the *exact* same 'category' of bonus - with the *exact* same text as the bonus applied to my account.
Now before you again mention the VIP status for that players situation I want to point out to you that it is at this point plainly obvious Bitstarz has acted in 'Bad Faith' in my regards to my situation.
The requirement you are asserting [Explicit, direct offer of VIP player status] is quite obviously _choosing_ to not enforce a term for players that would benefit the casino if retained, or otherwise harm the casino if you challenged them (the way you are choosing to challenge me). The confusion it causes for your internal support staff is great evidence of this: They are not aware of the private email you use to hand select the players that you know fall into the category above.
So In summary:-
It is communicated the same way, with the same name, without accompanying terms or conditions, and without reference in the terms and conditions. It has precedent in favour of the player, with the only requirement being that you acknowledge losing the player affects your revenue and hand select them for this.
You have made an exceptional case for demonstrating Bitstarz acting in bad faith.
Please pay my 1.05 BTC of winnings.
Thanks Olle,
BitStarz Casino
8 years ago
• Representative
Hi there,
Absolutely no problem, my goal is always to try to lay things out as objectively and straight forward as possible.
In terms of the Loyalty Bonus not being mentioned in the terms and conditions prior to this, it doesn’t mean that there’s no rules that come with it. At BitStarz, we have a lot of different bonuses that we spontaneously give out to our players, and it would be impossible to mention each and every one of them by name in our terms and conditions. Therefore, they have to be mentioned on a category basis, just as we mention that the term in question incorporates bonuses that come with no deposit.
For example, if we decide to give you 10 dollars in bonus money for Halloween as a spontaneous gift, that would fall into the category of a “No Deposit Bonus”. This term is widely used among casinos and includes all bonuses that are not related to you doing anything to specifically get it, I have included a couple of examples here:
Example from Grand Ivy Casino:
9. NO DEPOSIT BONUS
(i) The Grand Ivy Casino reserves the right to limit winnings and withdrawals from all forms of no deposit bonuses / free spins / free bets added to a customer’s account up to the value of £100.
Example from 21 Casino:
(IV) 21 CASINO RESERVES THE RIGHT TO LIMIT WITHDRAWALS FROM ALL FORMS OF NO DEPOSIT BONUSES / FREE SPINS / FREE BETS ADDED TO A CUSTOMER’S ACCOUNT UP TO THE VALUE OF $100.
Once more, for the bonus category in question, which is a no deposit bonus, that you received, it falls under the same term that we have. Stating that a bonus that was received without a deposit comes with a max cashout.
With all this being said, the term applied prior to us adding “Loyalty Bonus” to the term, we were simply trying to make it less confusing as there has been a lot of questions surrounding this bonus lately. Simplifying something doesn’t mean that the previous rules did not apply, it’s the same rules, written in an easier to understand fashion.
Kind Regards,
Olle Dickson
VIP Manager
Absolutely no problem, my goal is always to try to lay things out as objectively and straight forward as possible.
In terms of the Loyalty Bonus not being mentioned in the terms and conditions prior to this, it doesn’t mean that there’s no rules that come with it. At BitStarz, we have a lot of different bonuses that we spontaneously give out to our players, and it would be impossible to mention each and every one of them by name in our terms and conditions. Therefore, they have to be mentioned on a category basis, just as we mention that the term in question incorporates bonuses that come with no deposit.
For example, if we decide to give you 10 dollars in bonus money for Halloween as a spontaneous gift, that would fall into the category of a “No Deposit Bonus”. This term is widely used among casinos and includes all bonuses that are not related to you doing anything to specifically get it, I have included a couple of examples here:
Example from Grand Ivy Casino:
9. NO DEPOSIT BONUS
(i) The Grand Ivy Casino reserves the right to limit winnings and withdrawals from all forms of no deposit bonuses / free spins / free bets added to a customer’s account up to the value of £100.
Example from 21 Casino:
(IV) 21 CASINO RESERVES THE RIGHT TO LIMIT WITHDRAWALS FROM ALL FORMS OF NO DEPOSIT BONUSES / FREE SPINS / FREE BETS ADDED TO A CUSTOMER’S ACCOUNT UP TO THE VALUE OF $100.
Once more, for the bonus category in question, which is a no deposit bonus, that you received, it falls under the same term that we have. Stating that a bonus that was received without a deposit comes with a max cashout.
With all this being said, the term applied prior to us adding “Loyalty Bonus” to the term, we were simply trying to make it less confusing as there has been a lot of questions surrounding this bonus lately. Simplifying something doesn’t mean that the previous rules did not apply, it’s the same rules, written in an easier to understand fashion.
Kind Regards,
Olle Dickson
VIP Manager
BitStarz Casino Complaint Stats
Resolved
18 / 18
Avg. Amount
$2,639
Avg. Complaint Duration
3 days
Avg. Response Time
1 day
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