"Ticket Cricket" attorney Bret Lusskin just went to Tootsie's one night in hopes of winning a free Rolex.
I mean, who hasn't?
But something went terribly awry:
17. MR. LUSSKIN paid a cover charge that evening in the amount of approximately $20 dollars to be seated in the upstairs section (i.e. “VIP” seating) of the nightclub; other patrons paid a lesser cover charge to be on the ground floor (i.e. general seating) at “Tootsie’s Cabaret.”Although Mr. Lusskin did exactly as he was told, he sadly did not leave Tootsie's that night with an expensive jewel on his arm (I think).
18. During that evening several announcements were made by Defendant with respect to a Rolex “giveaway.”
19. Prior to these announcements, for several weeks, multiple advertisements were posted in said nightclub and on the internet, including Defendant’s “Facebook” webpage; the advertisements promoted the aforesaid contest/giveaway.
20. One such advertisement states: TOOTSIE’S CABARET PRESENTS ENTER A CHANCE TO WIN A ROLEX! A CHANCE TO WIN 3 GREAT PRIZES, 1ST PRIZE: ROLEX WATCH. 2ND PRIZE: $500 BARTAB & 3RD PRIZE $250 BARTAB, (NO CASH VALUE FOR BARTAB) WINNERS WILL BE ANNOUCED [sic] ON WEDNESDAY, NOVEMBER 25TH AT 11PM. MUST BE PRESENT TO WIN! ENTER YOUR CELL NUMBER. See Plaintiff’s Exhibit “A”.
Yet things got even freakier for Mr. Lusskin as his path to that coveted strip club Rolex took a grave, unexpected turn:
28. The Rolex “giveaway” was a marketing ruse by Defendant in order to obtain MR. LUSSKIN’S and the other participants’ cell phone numbers in order that Defendant or its agents could send commercial text messages to Plaintiff and the other participants over and over again.
29. Since entering the contest, Plaintiff has received more than 200 unwanted commercial text messages by Defendant starting on or about December 5, 2009; this practice is commonly referred to as “mobile spamming.” Some examples of the text messages sent by Defendant are as referenced below:This is shocking!
[On September 17, 2010…]
Tootsie’s Cabaret Miami – 125$ Bottle specials on Belvedere $ Hennessey all night and XXX Feature Entertainer Schevelle tonight!! Msg&Data rates may apply
[On September 20, 2010…]
Tootsie’s Cabaret Miami – In the Biz 3$ drinks 100$ bottles. 5.95$ Prime Rib Dinner!! Monday Night Football!! All tonight @ Tootsies Msg&Data rates may apply
[On September 23, 2010…]
Tootsie’s Cabaret Miami – 125$ Bottle Specials on GOOSE & REMY VSOP and Special performance by XXX Feature Lisa Ann of Nailin Paylin Msg&Data rates may apply
[On November 9, 2010…]
Tootsie’s Cabaret Miami – In the biz 3$ drinks NO cover till 8pm 100$ bottles of GOOSE all night! HEAT game playing in KNOCKERS!! Msg&Data rates may apply
[On November 17, 2010…]
Tootsie’s Cabaret Miami – Stop in for happy hour half price drinks and no cover until 8pm This weeks XXX feature entertainer Ginger Lee Msg&Data rates may apply
I mean, these deals are shocking!
Seriously, now I completely understand why Justice Brandeis is invoked in the first paragraph of the complaint.
And can you imagine if Bret had won the Rolex?
Picture this conversation at a local Bar event:
Judge Seitz: "Why Mr. Lusskin, that is a lovely watch you are wearing!"
BLK: "Thanks, Judge. I won it in a promotion at Tootsie's the other night. You wanna hear how I won the car I'm driving?"
Judge Seitz: "I see my law clerk is calling me over, have a nice day."