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As a law student this looks to me like a classic case of breach of a contract between two parties. We accepted their terms, they replied to us accepting our acceptance, and then took it away.......
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Maybe you should read the terms and conditions that you agreed to. By using a code that was sent to someone else, you are breaking the terms of the agreement.
http://www.empirepoker.com/offers/st...onditions.html
2. EmpirePoker.com reserves the right to send particular promotions to particular players. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void.