Orca, Im not sure if you are talking about the TOC or the qualifier tourney or one in the same. The TOC has been postponed by UBT. The funding, from anyone I have heard from, was directly to UBT for the game which had a charge of 9 to 10 grand. The small tourney took credit cards and I would hope Barona or UBT will quickly credit the accounts back. Im wondering if you might explain damages in this situation? Of course one could claim travel expenses and maybe even time lost at work, I dont know if an arbitrator would go for that or maybe the claim would be too low I dont know the limits here. Everyone winning a seat for the TOC has this little jingle to hang to, Not Canceled, Postponed.
The same principles apply to both events.
If one would recall, some players "qualified" for the "TOC" at Barona when it withheld $10K each from their winnings. Players at the Palms or Venetian events, for example, paid their entry fees to and received their winnings from the casinos themselves. Barona is a California Indian casino licensed to take in entry fees, run card-game tournaments, and pay the winners. Barona understood there had been scattered "TOC" entrants who were paying the required entry fees along the way. Any company collecting entry fees for its advertised "Qualifier" or "TOC", did so on its behalf. The Ultimate Blackjack Tour (UBT) billed itself as an entertainment media company. It was Barona's marketing, and complex business partner in the deal.
Barona really advertised two independent tournaments: one, a "Qualifier" (Nov 27-29, 2007) with a low, and the other, the "Tournament of Champions" (Nov 30-Dec 2, 2007), a high - $10K - entry fee along with their respective payouts. "TOC" and "Qualifier" are misnomers. "Winning a seat" meant having $10K taken out of one's winnings to pay the "TOC"'s entry fee; and "qualifying" for the "TOC" simply meant paying the required entry fee, or being comped into it.
From the perspectives of those who have paid their entry fees, the "Qualifier" and the "TOC" that were advertised and guaranteed by Barona were not postponed. They were modified. Their respective names were dropped to reflect what they truly are more accurately; and their format changed.
Damages have to be mitigated, and one would have to consult one's own lawyer on those. However, what would be lost also is equity.
Much better publicity could be earned if Barona would rethink its position and let all those have paid the entry fees play in the respective tournaments than it could through the ill-fated TV show deal it had with its business patmer.
By its own admission, UBT is "not cash trapped" by the way. See link below. TV show or not, it could have held up its end of the deal, by simply contributing its share of the promised Grand Finale tournament prize pool.
http://www.thefreelibrary.com/Blackjack+buddies+hope+to+draw+ace+with+tour+on+CBS-a0147058811
I'll more succinctly summarize all of this if I have the time.