Excellent read here, and it will be interesting to see how this translates into New York law. I am sure Governor Cuomo’s son Andrew will be all over this.
The court said, based on the testimony of the Reds’ CFO, that they advertise which games will include promotional items in advance so fans purchase their tickets expecting to receive the bobblehead and that the ticket prices reflect the cost of the bobbleheads, passed on to the customer.
The important thing here, the court said, is that the Reds promise fans a bobblehead, the fans buy a ticket expecting to get one, they buy tickets with the cost of the bobbleheads baked in and, bam, that makes it a sale, not a giveaway.
The takeaway is that the a team might say there are only 15,000 of an item, but since the item is baked into the cost, all fans should expect to get one. And if they don’t have any you should demand compensation, possibly a replacement item or perhaps some sort of ticket voucher of upgrade.
Very interesting. I would encourage you to show up late for Mets mates to test drive this theory.