This section contains the nature of the case and procedural background.

Gottlieb (P) was a member of the Diamond Club at the Tropicana (D). Diamond Club members became such by simply filling in a form and getting a card to swipe when they gambled so D could send P specific promotions related to P’s gaming habits. Diamond Club members were also entitled to one free spin on the Million Dollar Wheel each day. P waited for her spin and P contends that her spin landed on the 1 Million Dollar grand prize but the attendant immediately swiped another card and reactivated the wheel and it landed on the prize of two show tickets. D contends the wheel merely landed on the lesser prize and denies that the attendant did anything wrong or even accidental. P sued D. D moved for summary judgment in that no consideration was present to form a contract because it was a promotion.

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