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Settling a TL bet

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kwizach
Profile Joined June 2011
3658 Posts
Last Edited: 2016-09-28 15:08:32
September 27 2016 08:07 GMT
#1
Hello,

I am creating this topic at the request of KwarK and Falling because I agreed this Monday to the terms of a money bet with FiWiFaKi over the result of the 2016 US presidential election. The bet can be summed up as follows:
- If Hillary Clinton wins the election (reaching 270 electoral votes or more), FiWiFaKi has to pay me $50.
- If Donald Trump wins the election (reaching 270 electoral votes or more), I have to pay FiWiFaKi $75.
- If the loser of the bet doesn't pay the other the amount agreed, he shall receive a permanent ban from the TL website.

Here is a screenshot of the detailed terms as they were offered to me by FiWiFaKi:

+ Show Spoiler [Detailed terms of the bet] +
[image loading]


Here is a screenshot of me agreeing to the terms of the bet:

+ Show Spoiler [I agree to the proposed terms] +
[image loading]


After I agreed to the terms, Hillary Clinton and Donald Trump debated for 90 minutes. After the debate was over and Trump clearly performed worse than Clinton according to most observers and to FiWiFaKi himself, FiWiFaKi sent me a PM to tell me that the bet was off for two reasons: according to him, I had replied after the debate had started, and I didn't provide "enough time to get approvement from TL staff". Here is a screenshot of his reply:
+ Show Spoiler +
[image loading]


I was surprised by this transparent attempt at walking out of the already agreed upon bet, so I replied to him to confirm again that the bet was on:
+ Show Spoiler +
[image loading]


He nonetheless persisted in refusing to acknowledge that the bet was on, for the two aforementioned reasons. He is visibly trying to walk out of something he literally confirmed he now sees as a losing bet, using a loophole that doesn't exist. I will address his two arguments here (that he repeated in several messages to me), to make my case as for why the bet is still on and should be enforced by TL staff if he loses.

FiWiFaKi's first argument: the bet is off because I didn't "giv[e] us enough time to get approvement from TL staff"

The rebuttal to this argument is pretty straightforward. First, nowhere in the terms of the bet is it stipulated that TL staff needed to approve the terms before the debate started. This wasn't mentioned at all in our exchange either (full screenshots of our exchange can be found below). Secondly, there is no logical reason whatsoever for it to be a necessary, or "common sense" clause of the bet to imperatively have to notify TL staff before the debate. As explicitly written in the terms, the TL moderators only come into play if the loser of the bet refuses to pay up -- the penalty is a permanent ban from TL. The terms of the bet could therefore be communicated to the TL staff at any point until election day, or even during the 14-day period granted to the loser to pay, or even after those fourteen days, to let them know at that point that under the agreed upon terms that person should be permanently banned. In any case, I posted about the bet in the US Politics thread when I came back on my computer after the debate, making sure moderators would be aware of it.

To sum up, neither the text nor the spirit of the bet made it a necessity for the terms of the bet to be communicated to the TL moderators before the debate. It is certainly not a valid reason to unilaterally declare the bet void.

FiWiFaKi's second argument: the bet is off because I replied "Agreed" at 9:05 PM EST, which would be too late given the debate's start time

This argument does not stand up to scrutiny either. I'll begin with the letter of the bet itself -- there is absolutely no mention in the terms of when they should be agreed upon at the latest before the bet becomes void, other than before the election results are known.

In this case, however, I agree that the spirit of the bet implied that we would be betting before the candidates' debate performances could influence voters (in particular those watching it live). Yet the spirit of the bet was still perfectly respected in my reply at 9:05 PM. Indeed, here is the actual timeline of our exchange:

________________

+ Show Spoiler [ Full exchange] +
In my original post in the thread, I extended an open invitation to bet on the results of the election before the debate started. FiWiFaKi posted bet offers a few posts later (note that he did not include anywhere in his post that these were only valid until the beginning of the debate). I then sent him a message to offer him directly the $50 - $75 bet we ended up agreeing upon:
+ Show Spoiler [My initial PM to FiWiFaKi] +
[image loading]


He signaled his agreement in his response by mentioning he only had one issue, which was about having a penalty enforced by a mediator in case the loser would not pay up: "how you'd like to plan on enforcing this, or did you just want to put your TL account on the line, and without money transfer the said person would be permanently banned?". We were clearly in agreement on the substance of the bet (the loser paying the aforementioned amounts of money to the winner, depending on who won the election), and the only thing that remained to be solved, as he said himself, was this issue of enforcement/possible penalty. Here's the screenshot again:
+ Show Spoiler +
[image loading]


I was fine with any solution to his only remaining issue -- we were already in agreement over everything else, and I stated in my reply to him that I was fine with simply trusting each other to pay up if we lost, but that I left it up to him if he wanted to add an enforcement mechanism. I asked him if he possibly wanted to have us both send the money to KwarK via paypal, given the Starcraft example he mentioned in his previous post. Screenshot here:
+ Show Spoiler +
[image loading]


Again, there was nothing else to discuss -- we were already in agreement over the substance of the bet itself. FiWiFaKi then proceeded to send me two successive replies, firstly by mentioning the option I evoked and a possible ban by moderators in case of failure to pay up, secondly by sending me the fully-written terms which included this ban in case of failure to pay option. Screenshots:
+ Show Spoiler +
[image loading]

+ Show Spoiler [Detailed terms of the bet] +
[image loading]


Finally, I responded at 09:05 EST that I agreed with the terms put forward, sealing the deal on the bet.
+ Show Spoiler [I agree to the proposed terms] +
[image loading]

________________

As you can see from this exchange, FiWiFaKi and I were in full agreement over the substance of the bet from our respective first messages onward. The only issue that needed to be agreed on was the enforcement mechanism -- he settled on having a moderator banning the loser if he failed to pay up, an option I expressed my agreement with, along with the rest of the terms, at 09:05.

When it comes to the spirit of the bet, therefore, me agreeing to his final terms at 09:05 (from my cellphone, as I was not in front of the computer but in front of my TV) was not problematic at all. At that time, Hillary Clinton and Donald Trump had just appeared on stage and shaken hands -- they had not yet spoken a single word behind their podiums, as can be verified here. I had certainly not gained the slightest advantage in the bet by responding at that time, and voters had not yet been influenced by the candidate's answers whatsoever (the entire reason to bet before the debate), because there had been no answers at all -- in fact, no question had even been asked yet! In addition, my reply was only a confirmation of what I had already agreed on (the substance of the bet, and the selection of any enforcing option).

To sum up, both the letter and the spirit of the agreement were perfectly respected in my final confirmation of my agreement that I sent at 09:05. It is in fact FiWiFaKi who is attempting to break the letter and the spirit of the bet, by attempting to use a non-existent loophole to get out of a bet he now believes he has little chance of winning.

I'll be honest -- I'm annoyed at having to write this post. It's such a ridiculously trivial matter that I am in genuine disbelief that FiWiFaKi is refusing to honor his word. After a back-and-forth, I offered him to settle the issue by amending the terms of the bet to cut in half the amounts that would be due, since I empathize with his regret due to Trump's debate performance. He hasn't replied to this olive branch, and his dishonest attempt to immediately get out of the bet through a non-existent loophole instead of simply solving the issue with me is disappointing. Following KwarK's advice, I am therefore asking the TL moderators to weigh in on the issue here, since we agreed to give you the authority to ban the loser of the bet should he not pay up. I am personally obviously ready to honor the bet as election results come in.

Note that I don't care about the money -- at this stage, I'm still fine with reducing the amount or amending the bet differently if FiWiFaKi recognizes it is still on and agrees to proceed from there in good faith. In any case, I'm aware that the entire thing is trivial and even posting this here feels petty. I still felt that it would maybe be worth posting a summary of the issue here, just so bets actually mean something once they're agreed upon. I'll follow any decision on the issue by TL staff.
"Oedipus ruined a great sex life by asking too many questions." -- Stephen Colbert
farvacola
Profile Blog Joined January 2011
United States18846 Posts
September 27 2016 13:00 GMT
#2
fiwi had no idea what he was getting into, kwizach sharked him good

(the bet should still be honored imo)
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
R1CH
Profile Blog Joined May 2007
Netherlands10341 Posts
September 27 2016 13:37 GMT
#3
TL isn't a betting site and we are not going to moderate private disagreements between two users.
AdministratorTwitter: @R1CH_TL
TL+ Member
farvacola
Profile Blog Joined January 2011
United States18846 Posts
September 27 2016 13:39 GMT
#4
Moderators have previously enforced ban bets though, were they acting in contravention of TL policy?
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
KadaverBB
Profile Blog Joined June 2009
Germany25657 Posts
September 27 2016 13:44 GMT
#5
We don't mind dealing with minor grudge matches and other trivial/fun stuff. If you guys want to do a sick dota 2 grudgematch where the loser gets banned for a week, I'm game.

Money bets over politics, nope, you guys can do that on your own
AdministratorLaws change depending on who's making them, but justice is justice
kwizach
Profile Joined June 2011
3658 Posts
Last Edited: 2016-09-27 16:33:54
September 27 2016 13:45 GMT
#6
On September 27 2016 22:00 farvacola wrote:
fiwi had no idea what he was getting into, kwizach sharked him good

(the bet should still be honored imo)

I actually genuinely did not expect him at all to attempt to void the bet immediately. He was offering bets up to $500 ($750 for others to pay him if they lost), and the amount we agreed on was even half of the minimum amount he suggested in his initial thread comment ($100). I would have been fine with amending the bet amicably after the debate, and I still am. Attempting to void it unilaterally like that is disappointing and cheap.
"Oedipus ruined a great sex life by asking too many questions." -- Stephen Colbert
farvacola
Profile Blog Joined January 2011
United States18846 Posts
Last Edited: 2016-09-27 13:46:33
September 27 2016 13:46 GMT
#7
On September 27 2016 22:44 KadaverBB wrote:
We don't mind dealing with minor grudge matches and other trivial/fun stuff. If you guys want to do a sick dota 2 grudgematch where the loser gets banned for a week, I'm game.

Money bets over politics, nope, you guys can do that on your own

So TL does enforce bets so long as they pertain to gaming events and involve only bans/signature changes. That seems fair if so.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
kwizach
Profile Joined June 2011
3658 Posts
Last Edited: 2016-09-27 13:47:18
September 27 2016 13:46 GMT
#8
On September 27 2016 22:44 KadaverBB wrote:
We don't mind dealing with minor grudge matches and other trivial/fun stuff. If you guys want to do a sick dota 2 grudgematch where the loser gets banned for a week, I'm game.

Money bets over politics, nope, you guys can do that on your own

Alright, thanks for looking into it. I wasn't expecting you to force him to pay up though, but to enforce the ban in case he loses, something which has precedent and is not out of the ordinary at all for TL bets, so I'm surprised by your answer.
"Oedipus ruined a great sex life by asking too many questions." -- Stephen Colbert
zlefin
Profile Blog Joined October 2012
United States7689 Posts
Last Edited: 2016-09-27 14:23:32
September 27 2016 14:21 GMT
#9
in which states/localities do you reside?
gambling of such sorts may be illegal in such locations (at least if money is involved), and TL would probably rather not be involved in what may be technically illegal activity. (not that minor private gambling is generally enforced anywhere)
Also, we should have fiwi post in here.

If the parties would like my opinion on the matters I will provide one; but I imagine they prefer a mod adjudication (though the mods may wish to avoid adjudicating such a matter to avoid any potential liability for themselves/the site).
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
kwizach
Profile Joined June 2011
3658 Posts
September 27 2016 14:55 GMT
#10
I don't think any further debate on the issue will add much considering FiWiFaKi has refused to pay up if he loses and the moderators have declined to treat this as a ban bet.
"Oedipus ruined a great sex life by asking too many questions." -- Stephen Colbert
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
September 27 2016 15:42 GMT
#11
Should have had p6 and xDaunt write up the bet agreement, then it would have included a "these terms will be honored for x period of time" clause instead of fake legalese

Kwiz responded in a bit under half an hour to the offer. It seems a little absurd to claim that the offer had expired in that period.

i suppose ill just call fiwifaki a weenie the next 50 times he posts.

(╯°□°)╯︵ ┻━┻
farvacola
Profile Blog Joined January 2011
United States18846 Posts
September 27 2016 16:19 GMT
#12
That clause would have little operative effect; without express language to the contrary, acceptance periods are usually presumed "reasonable" in light of the deal being struck
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
zlefin
Profile Blog Joined October 2012
United States7689 Posts
September 27 2016 17:54 GMT
#13
I'm just gonna view fiwi as slightly welching; but no great matter. a fine learning experience.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
FiWiFaKi
Profile Blog Joined February 2009
Canada9859 Posts
Last Edited: 2016-09-27 18:38:10
September 27 2016 18:24 GMT
#14
Your initial desire to bet was before the debate happens, we did not.

For me it's not an issue of money, trying to change it $50 to $25, while it may seem like a nice gesture you're making, but that's not my motivation for what I'm doing.

We were essentially betting on this debate, and while having ample time (relative speaking 25 minutes), you did not, until you saw the debates come out. Like I said, I view this is as putting out in rock-paper-scissors half a second too late. You initially sent me your bet, and while you might've agreed beforehand, I obviously did not, because I we did not have a way to enforce the bet, and we are on the internet anyway. So in my contract thingy I wrote up, it said consent of all three parties. I'm not a lawyer, so obviously it's not written up to legal standards, but I think it should be clear from that, that this doesn't go into effect until all 3 parties agree.

The one thing that is a bit of an implicit assumption that was a bit of my bad to not include was saying this all needs to occur before the debate begins, and that was from the first offer that he made on Teamliquid. I'm not going to make a bet where I might have 10-20% odds of not receiving winnings, and that would essentially be effecting my odds. I've wrote out too many words on the situation in the thread already, so that is my position.

We have some fundamental disconnect in how we view the situation, you're viewing as someone who is frustrated with the result, because I like Trump... And I don't care for losing the money much at all, so making amends to lower the bet amount isn't something that's appealing to me. Like I told you in one of my PM's, I honestly thought you changed your mind and the bet was off after you replied to past the debate start-time (let's use the official start time here), I didn't bother replying to you until after the debate was over, since at that point when I saw your message I considered it a lost cause.

So yeah, unless the debate went extremely well for Trump, I would have called it off (otherwise I'd leave the onus on you), it's silly to have a bet when we start once the debate has started, and I'm serious when I say there's a lot you can read into the first few minutes. So I repeat, we have a disconnect... You think I'm trying to bullshit you to get out of having a larger chance to pay you $50, I'm telling you that's not the case, I don't agree with your view on the situation, and I don't think having a bet that was made while the event is in progress is fair.

On September 28 2016 00:42 ticklishmusic wrote:
Should have had p6 and xDaunt write up the bet agreement, then it would have included a "these terms will be honored for x period of time" clause instead of fake legalese

Kwiz responded in a bit under half an hour to the offer. It seems a little absurd to claim that the offer had expired in that period.

i suppose ill just call fiwifaki a weenie the next 50 times he posts.


It's relative, all our messages since then were replied to within 10 minutes when this thing was being created. I mean I only got the original message 50 minutes before the debate was going to start, so of course we had to work quickly (I would have probably looked at some writing tips for these documents if I knew I had more time)... I figured that's a mutual view we have and hence we needed to move the conversation quickly.

Then there was a long pause due to him supposedly being at the TV just to say a couple word message, and while I don't doubt that he was... I also believe it's an easy way to get a feel for the situation, and not reply back in case your odds slip a bit, and accept if everything is looking favorable.
In life, the journey is more satisfying than the destination. || .::Entrepreneurship::. Living a few years of your life like most people won't, so that you can spend the rest of your life like most people can't || Mechanical Engineering & Economics Major
zlefin
Profile Blog Joined October 2012
United States7689 Posts
Last Edited: 2016-09-27 18:37:39
September 27 2016 18:37 GMT
#15
The bet was not on the outcome of the first presidential debate; it was on the outcome of the election, which is a long way away still. the first debate is only a very small amount of the overall outcome.
So I don't really see your point; nothing that happened in the debate is surprising/new at all.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
FiWiFaKi
Profile Blog Joined February 2009
Canada9859 Posts
Last Edited: 2016-09-27 18:44:43
September 27 2016 18:43 GMT
#16
On September 28 2016 03:37 zlefin wrote:
The bet was not on the outcome of the first presidential debate; it was on the outcome of the election, which is a long way away still. the first debate is only a very small amount of the overall outcome.
So I don't really see your point; nothing that happened in the debate is surprising/new at all.


On page 5163, he said, with his original request for the bet:

"Anyone up for bets on the election result before the debate? I currently have a sig bet with GH over the winner of Washington state, and a money bet with iPlaY.NettleS over the winner of the election. Ban bets are reserved for GH and xDaunt, but money bets are welcome. We can discuss them over PM if the admins would rather not have us talk about those in the thread."

As discussed in the thread, this debate will have a huge outcome, it'll be the last big swing in the polls (compared to debate 2 and 3). I think from yesterday to election day, maybe 50% of what the result will be hinged on the election (and after seeing it, I do think it decided it as well, very one-sided). Now we can agree or disagree on this, but that's besides the point.

This is what I, and a lot of other people believed, and hence I think it's imperative that a bet isn't made once the debate is started., because it's going to significantly change the outcome.
In life, the journey is more satisfying than the destination. || .::Entrepreneurship::. Living a few years of your life like most people won't, so that you can spend the rest of your life like most people can't || Mechanical Engineering & Economics Major
zlefin
Profile Blog Joined October 2012
United States7689 Posts
September 27 2016 18:49 GMT
#17
It's only one debate, and there's a lot of stuff other than the debate that decides the outcome.
and this debate really didn't have anything new or unexpected.

I agree there's a slight imperfection in his response; but I don't consider it significant enough to nullify the bet, at most it would validate changing the odds rather than nullifying.

Of course, it doesn't matter what I think, since i'm not the adjudicator; but I consider the evidence to establish you improperly backing out. So that's how I will treat it, unless new evidence comes along to justify changing my view.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
FiWiFaKi
Profile Blog Joined February 2009
Canada9859 Posts
September 27 2016 18:51 GMT
#18
kwizach, I hope you can see why I wanted the word of someone bigger on TL before the bet was sealed, as I knew it isn't going to be so black and white.

Also, yeah, I'd rather pay up $50 80% of the time than getting my account that has 8.5k posts between TL and LD permabanned. I genuinely don't see myself in the wrong here, and I don't agree with you, and that's why I am fighting it.
In life, the journey is more satisfying than the destination. || .::Entrepreneurship::. Living a few years of your life like most people won't, so that you can spend the rest of your life like most people can't || Mechanical Engineering & Economics Major
zlefin
Profile Blog Joined October 2012
United States7689 Posts
September 27 2016 18:54 GMT
#19
Why are you fighting it? didn't TL itself already decide it's not going to enforce the bet, therefore it's only your reputation on the line?
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
FiWiFaKi
Profile Blog Joined February 2009
Canada9859 Posts
Last Edited: 2016-09-27 18:57:05
September 27 2016 18:56 GMT
#20
On September 28 2016 03:49 zlefin wrote:
It's only one debate, and there's a lot of stuff other than the debate that decides the outcome.
and this debate really didn't have anything new or unexpected.

I agree there's a slight imperfection in his response; but I don't consider it significant enough to nullify the bet, at most it would validate changing the odds rather than nullifying.

Of course, it doesn't matter what I think, since i'm not the adjudicator; but I consider the evidence to establish you improperly backing out. So that's how I will treat it, unless new evidence comes along to justify changing my view.


Well give it a few days, and you'll see the swing in the polls relative of what's to come, maybe then we can get a clearer view, so I kindly disagree with your opinion on it.

To me changing the odds and nullifying the bet almost the same thing? As it's essentially opting out, and rewriting new odds. I think that new odds would create bad blood, since I don't think kwizach would like that first of all, and second of all, after all this crap... I dunno, I'd just rather bet with someone I'm on good terms with.

On September 28 2016 03:54 zlefin wrote:
Why are you fighting it? didn't TL itself already decide it's not going to enforce the bet, therefore it's only your reputation on the line?


I'm simply trying to show my reasoning and justification. I suppose you're right, mostly reputation, because I don't believe I'm in the wrong.

I see that I didn't convince you, but I didn't want it to be a unilateral explanation.
In life, the journey is more satisfying than the destination. || .::Entrepreneurship::. Living a few years of your life like most people won't, so that you can spend the rest of your life like most people can't || Mechanical Engineering & Economics Major
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