Barstool Sports gives ‘Crunch Berries’ defense while being grilled in court over Sportsbook

Barstool Sports gives ‘Crunch Berries’ defense while being grilled in court over Sportsbook

During their recent court appearance, Barstool Sports gave quite an interesting defense to their “Can’t Lose Parlay” promotion hearing, referencing the world-famous cereal brand Cap’n Crunch and their ‘Crunch Berries’.

Barstool faced their court hearing due to their “Can’t Lose Parlay” promotion, which is given out to viewers, which in fact can lose. Of course, this promotion was misleading to viewers of the company, and was seen as misleading to the court.

Jonathan Albano, the lawyer for Barstool’s parent company Penn National, released a statement on the status of the court hearing.

(All quotes via New York Post.)

“In context through the eyes of a reasonable consumer, we submit that [when they] saw a parlay that requires a customer to win not one, not two, not three, but four bets, no reasonable person would believe they were engaging in a risk-free activity.”

Albano argued that Barstool’s “Can’t Lose Parlay” falls under the same category as Cap’n Crunch’s “Crunch Berries,” which does not contain real berries.

Barstool also introduced the Buffalo Wings and proclaimed “World’s Best Pizza” as a defense towards their parlay promotion. Their reasoning behind it is that Buffalo Wings aren’t real Buffalo and “World’s Best Pizza” is unsubstantiated. The company would eventually close their “Can’t Lose Parlay’ promotion in mid-March after facing legal backlash, and now the Massachusetts Gaming Commission will have a written decision on their hearing at a later date.

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A parlay in sports betting is a strand of games that a user has to win. If one fails, then the entire bet fails, resulting in a higher profit for the better if all games are successful. Parlays and same-game parlays are a sports book’s most profitable strand in betting.

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