I liked the concept at first, because the first game that I earned through a pinata was Republique, a game that was on my interest radar but not enough to make my wishlist. The second game that I earned through a pinata was Slipstream 2000, an old game that seems like a cross between F-Zero and Mario Kart, not what I would have purchased within the next year or two, but I only spent three dollars on the pinata, so whatever.

The third pinata caused me to stop buying pinatas (I was purchasing one per day), as the pinata contained a Windows-only game. I can't play Windows-only games as I'm a Mac (and sometimes Linux Mint) user, and I refuse to reinstall Windows as it purposefully stopped me from running third-party software; for example like Firefox and Chrome, opening MS Edge instead. So what the third pinata revealed to me was that for every pinata I purchase I risk owning a game that I cannot run, and WINE doesn't work for every game.

It's a good thing that I bought Strafe before buying any of the pinatas, and Republique looks interesting at least. But count me out for any more GOG sales like this; I'll just stick with ye olde discounts, thank you!

I already said that in the last line. You should probably only quote the parts you've read. You also know what games you're receiving when you aren't gambling, so it's understandable to pursue a refund if something goes wrong. A refund still isn't guaranteed, in some cases, unless technical support can't help you resolve your issue(s). We aren't talking about legitimate refunds, though. We're talking about spoiled children who want to abuse the system because piñatas didn't give them the games they want.

If you oppose sales that encourage gambling then don't participate. Hell, encourage people to not participate but don't cheat when you knew that you could lose. If you tried this shit with a company I were running, I'd blacklist you and anyone else who tried it. Go and try it at a gambling establishment and see what happens. Please invite me, before you do it, though. I want to watch them laugh you out of the building. Nevermind. You're in the U.K. You might have to stream it for me. I hope this encourages GOG to revise their refund policy for a sale like this and shuts out anyone that would seek to abuse the system and cry for their money back when they gamble and lose. Any blues even reading this?

I like this kind of sale. Bought 2 pinatas and got game of thrones (telltale) and homeworld remastered for 5,40 €. price for both games is 38 €. pretty good deal. but it's a gamble. if 3 bucks are too much for you, don't gamble. easy as that.

removed

If they ever do a gamble sale again, I sure hope they forbid refunding. THAT destroys the whole gambling aspekt. The other stuff people complain about is just sad and entitled bs.

I disagree with your premise. Nowehere is it suggested that the purpose of this Pinata event is to 'gamble' with the 'risk' of getting something that you may not want. With all due respect that is what you, and many other people, have interpreted as the spirit of this event as being. This is what GOG advertised, and therefore we can assume/interpret as being the spirit of this event:

* Spend $3 and in return receive a "digital Piñata, each holding one of 100+ mystery games worth anywhere from $5.99 all the way up to $44.99."
* These 'Piñatas' will "bring you joy, surprise, and reward" by dropping "really good games."
* "It's a great way to broaden your horizons and try out games you otherwise wouldn't"
* You'll "always [be] getting a deal that's worth it."
* And finally, "if you already own every game included in our Piñatas, each game you drop will be a giftable code so you [can] share the joy with your friends."

Now, let's take a closer look at each of the above points.

1. This is true. Every digital Piñata contains one game from a pool of 100+ titles that have a retail value ranging from $5.99 to $44.99.
2. The claim that these Piñatas will "bring you joy, surprise, and reward" can only be fulfilled if it actually does bring joy, surprise, and reward for the customer. As such only the customer can determine whether the Piñata fulfills these expectations. Furthermore, how is it determined if the games found inside the Piñatas are "really good" as advertised? Again, I would argue, this can only be determined by the customer.
3. It is expected that the Piñatas are "a great way to broaden your horizons and try out games you otherwise wouldn't." Fair enough, just so long as all the other advertised features of the Piñata event are met in the process.
4. How is it determined that the customer will "always [be] getting a deal that's worth it?" Is it based on price? No - price may or may not be a contributing factor, but price alone doesn't determine 'worth'. I would again argue that only the consumer can determine whether the Piñata and the game found within are "a deal that's worth" the price of $3.
5. Excepting a few glitches in the system this is true. If you already own every game in the pool then you are given gift codes that you can share with friends.

As you can see nowhere in there is it even remotely suggested that this Piñata event is a 'gamble' with "the risk of failure" or of "getting something you may not want." Instead it is expected that the customer will be pleased and rewarded with their $3 purchase of the Piñatas and that the game within will be worth it for them.

I would suggest that there is no way for GOG to reasonably ensure that all of these criteria are met for every customer. As I intimated in a previous post there are a host of reasons a customer may be dissatisfied with the game they receive and feel that it wasn't 'worth' the $3 purchase price: they don't like the game/genre/publisher; they perceive the value of the game at less than $3 because it was just on sale last week for $1.19; they already own the game on another platform and don't want to buy it again; the game is useless to them because it doesn't run on their operating system; the game is buggy, broken, unfinished, or otherwise unplayable; the game has horrible or mixed reviews and you'd rather trust the community than try it for yourself; your significant other threatened to break up with you because you spent your last $3 on a game; the stars aren't aligned perfectly; or whatever other reason that can be had. The point is, GOG already knew these things and has a system in place to take care of disgruntled customers - refunding their purchases.

Refunds are a way to make sure both parties - GOG and the customer - are satisfied with the purchase and that the advertisement is accurate. Because of this Piñata event, and the possibility to refund unwanted purchases, I now have:

2 games from my wishlist I was hoping to get.
1 game I already had on Steam but wanted a DRM free version of.
2 games I was interested in eventually getting and trying out.
4 games I wasn't really aware of before, but look promising and so I'm excited to try them out.
8 games I knew nothing about, would not have bought left to my own devices, but look interesting enough for me to give each of them a shot and risk being out $3 - or find a hidden gem for $3.

And I have (just now) received refunds for:

1 game I absolutely never wanted.
4 games I already own or have access to through family.
8 games I knew nothing about, don't interest me in the slightest, and would likely never play them.

This is a win-win for me and GOG and fits in with, I believe, the 'spirit' of this Piñata event. I am overall pleased and surprised with the games I received, it allows me to "broaden [my] horizons and try out games [I] otherwise wouldn't" have, and I have gotten some great games that I feel are worth it. And GOG has earned some money and improved customer loyalty with their exceptional service and willingness to refund my purchases that I didn't want.

Whether you, or anyone else, feels that this is wrong and against the 'spirit' of the event, or taking advantage of the system in place that GOG established, is, ultimately, up to the individual to decide. But as for me, my conscience is clear because in my estimation it fits in perfectly with what GOG advertised for this event.

People keep trying to make this event out to be about gambling. It is not. Nor was it ever, I believe, intended to be. Gambling is giving money to others with a significant risk of receiving nothing in return. GOG is providing a product in exchange for every purchase; it is an honest business model. As I explained in my previous post GOG advertised that the Piñatas/games they offered would be satisfying to the customer and worth their purchase. This will not be true for every customer or purchase. Refunding is a perfectly acceptable and legal avenue for them meet the expectations of the customers and ensure their advertisement for this event is accurate. GOG has never hidden this and they have in fact encouraged people who were dissatisfied to contact customer support for a refund.

No, we ARE talking about legitimate refunds since it is legitimate to withdrawal from any contract within 14 days. We are however NOT talking about GOG's specific money back guarantee whenever they are not able to fix technical issies with the game. Those two are different reasons for a refund but both are completely legitimate so please don't tell anybody that they are not. Since the possibility from withdrawal from contract (until stated otherwise) also is a general law I highly doubt that GOG will exclude it in later sales simply to be on the safe side of the law. Again: I am talking only about the legal side hear which is absolutely without any question. I am not talking about the fact that buying and then refunding if not satisfied kind of goes against the idea ofr a mystery sale.

You must have some other site in mind, there's no checkbox when signing up. ;-P

Jokes aside, it's clearly stated that signing up equals to accepting the terms with a link to them.

Sadly, a lot of people sign up online without actually reading the ToS/ToU, and, worse, without knowing their consumer rights, or that a ToS always supersedes any FAQ, and applicable law any ToS.

Nope:
https://www.gog.com/forum/general/the_pinata_madness_sale_starts_now_98cd1/post586

Oh, look. It's in your first bullet point. You're telling me that you looked at the tracker list and liked what you saw? More power to you, if you did but it doesn't seem likely. If you didn't look at it then how did you know what you could be getting other than a random game? You didn't. You were gambling. Let's take a look at a dictionary's definition of "gamble". It's from Merriam-Webster. Feel free to check other dictionaries that give similar definitions.

Definition of gamble
gambled; gambling \ˈgam-b(ə-)liŋ\

intransitive verb

1
a : to play a game for money or property
b : to bet on an uncertain outcome

2
: to stake something on a contingency : take a chance (see contingency 2)
transitive verb

1
: to risk by gambling : wager

2
: venture, hazard

Looks like you gambled. Notice the part about uncertain outcome? "Mystery game" covers that, doesn't it? Sure does! GOG could have perhaps used better wording for this one since joy and reward aren't guaranteed but surprise definitely is. :) As for "really good games", that doesn't mean that you will think all of the games in the list are. You could have waited a bit and looked at the tracking list to see what's available before buying. Gambling your money on a random game is what caused you to receive a game or "games you otherwise wouldn't" Only as far as the cost is concerned, not where your opinion of the game quality is concerned. Look at the definition of "gamble" again, in case you forgot since reading it in earlier in this post. So did the people who ended up asking for refunds but they chose to spend the money anyway.

Hey, GOG. Please let me buy ten piñatas and then tell you what games I want to receive from them, so that we can avoid refunds. No? Oh, well. It was worth a try.

If taking a risk is too much for you then the only winning move is not to play.

I just had a thought about why this has been so contentious.

Some people do come into this sales event with the mentality that it is gambling. As such, for them at least, they view the 'chance' to 'win' something big or even to 'lose' big as part of the 'reward' of their purchase. And so for these people - 'win' or 'lose' - the gambling experience itself is the 'product' that is being purchased. The gamblers see the risk/reward of waging on an unknown outcome, and all that goes with it (i.e. adrenaline, dopamine release), as the product that is being purchased, and so for them the 'chance' of 'winning' a 'lousy' game is in fact the product being purchased. The gamblers therefore resent people, like myself, who view this event with a different perspective - that of a normal business transaction - because the gamblers who view the 'gamble' as the product being purchased believe that everyone who purchased has already received fair compensation - the 'thrill' of the 'gamble.' For the gambler GOG has already held up their end of the 'deal' because they helped provide "joy, surprise, and reward," and that the customer is "always getting a deal that's worth it" in the form of a gambling experience. And so the gambler views people requesting a refund as not holding up their end of the deal and backing out of a contract.

Whereas other customers with a more traditional view look at the actual product received (i.e. the game itself) as the product that is being purchased, and if this does not meet up to their standards or expectations then they feel it is well within their rights to demand a refund. They (often) could care less about the gambling experience, it's the final product - the games being sold - that interest them and is what is being considered and weighed when determining whether a fair deal has been made.

Hopefully I explained that well enough. Though I still do not agree with it, I can now better understand and appreciate the gambler's perspective. And hopefully the gamblers can now better understand and appreciate the average customer's perspective. :)

Ok. Legitimate refunds for shitty people. Is that better? How about I buy a piñata to cover every single game on the tracker list and then get refunds for every single one I don't want? Allowed? Sure. A shitty, SHITTY thing to do? Absolutely.

I'd keep my eye on those customers forever.

Had to run it through Google Translate, so I don't know how accurate this is.

The Federal Ministry of the Interior and Federal Affairs (MIB) is the supreme lucky-eye viewer of the state of Schleswig-Holstein. Its jurisdiction covers all forms of public gambling, with the exception of commercial games (gambling halls, money-laundering facilities), which is under the jurisdiction of the Ministry of Economic Affairs, Labor, Transport and Technology.

Wouldn't the random game in the piñata fall under "commercial games"? Seems like it would since this is a commercial site and sells games.