MANSFIELD, Justice.
This case requires us to apply ordinary contract principles to an extraordinary event. While playing a penny slot machine, a casino patron obtained a win of 185 credits, or $1.85, based on how the symbols had lined up. However, at the same time a message appeared on the screen stating, "Bonus Award—$41797550.16." The casino refused to pay the alleged bonus, claiming it was an error and not part of the game. The patron brought suit against the casino, asserting breach of contract, estoppel, and consumer fraud. The district court granted summary judgment to the casino. The patron appealed.
On appeal, we conclude the district court's grant of summary judgment was proper. The rules of the game formed a contract between the patron and the casino, and the patron was not entitled to the bonus under those rules. Further, the patron failed to prove the necessary elements of either promissory or equitable estoppel. At no time did the casino represent to her that a bonus would be available if she played the game, nor did the casino promise to pay the $41 million after the notice was displayed. In any event, the patron did not detrimentally rely on any representation by the casino. Finally, the patron failed to present proof of an ascertainable loss sufficient to warrant recovery on her consumer fraud claim. We therefore affirm the district court's ruling granting summary judgment to the casino on all three counts.
On July 2, 2011, Pauline McKee, an eighty-seven-year-old grandmother of thirteen living in Antioch, Illinois, was attending a family reunion in Waterloo. That evening, she and several members of her family gambled at the Isle Casino Hotel Waterloo operated by IOC Black Hawk County, Inc. (hereinafter jointly referred to as "the casino"), a combination hotel and casino where some members of the reunion party were staying. Around nine o'clock, one of McKee's daughters invited McKee to sit down next to her and play a slot machine called "Miss Kitty." McKee had played slot machines two to three times per year since she was approximately twenty-one years old, but had never played this particular game before.
The Miss Kitty game is a penny slot machine manufactured by Aristocrat Technologies, Inc. (Aristocrat). It displays five reels and fifty paylines on a video screen. To play the game, a patron selects the number of paylines and the amount bet
The game includes a button entitled "Touch Game Rules" in the lower left-hand corner of the screen. Tapping this button displays the rules that govern the game and a chart describing potential winning combinations of symbols, known as a paytable. The first page of the rules reads as follows:
The next rules screen states, "All wins begin with leftmost reel, and pay left to right only on adjacent reels." Additionally, the rules provide that when three "scattered moon" symbols appear left to right on adjacent wheels, the player wins double the total amount displayed. Furthermore, when three "scattered moon" symbols appear on the screen, the game enters a special mode called "Sticky Wild™ Free Games Feature" that lasts for ten games. During these ten games, any wild symbol (represented by a Miss Kitty emblem) that appears on the screen "sticks" and stays in place for the rest of the ten games, thereby making it easier for the patron to complete winning patterns.
The third rules screen explains there are eleven symbols other than the moon and Miss Kitty wild images, each with varying credit values. The fourth screen displays the paytable entitled "Paylines." Finally, a sign posted on the front of the machine reiterates, "MALFUNCTION VOIDS ALL PAYS AND PLAYS."
The parties agree that all the potential ways of winning from lining up various combinations of symbols are accurately listed in the rules and paytable. The rules and paytable do not mention any additional bonuses, jackpots, or prizes available to a patron playing the Miss Kitty game.
McKee did not read the rules of the game or look at the paytable before playing the Miss Kitty game. Around 10:00 p.m., after McKee had been using the machine for a while, she wagered $0.25 on a particular spin. The following message appeared:
Credit Bet Win 1810 25 185 The reels have rolled your way! Bonus Award-$41797550.16
Beneath this message was a five-by-four configuration of symbols. It is undisputed that under the rules of the game, McKee was entitled to a win of 185 credits, or $1.85, based on that alignment of symbols. The dispute, of course, concerns the "Bonus Award" of $41,797,550.16.
Believing she had won a large bonus, McKee and her daughter summoned a casino
The next day, the vice president/general manager of the casino also investigated the incident and left a note and her business card for McKee. She concluded it was an "unusual situation" and comped the additional rooms that McKee's family members were staying in. She explained the casino had informed the Iowa Racing and Gaming Commission (IRGC) of the situation and that the machine would be secured and studied.
The IRGC conducted an independent investigation. As part of this investigation, it sent the hardware and software from the Miss Kitty machine to a testing laboratory, Gaming Laboratories Inc. (GLI), along with related documentation and other materials. GLI's analysis concluded as follows:
The IRGC also requested information from the manufacturer of the machine, Aristocrat. Aristocrat responded to the IRGC with a letter concluding that the bonus displayed on the screen was an error. It noted it had previously issued a bulletin regarding the issue:
The technical bulletin the casino had received from Aristocrat described the problem as follows:
An accompanying product notification described the solution to the problem as a "Non-Mandatory upgrade" and stated "[t]he conditionally revoked version must be replaced in the field by August 31, 2011."
The record also indicates that this machine had been serviced earlier in the evening of July 2 and that the CPU had been cleaned and reinstalled around 7:30 p.m.
As a result of the IRGC's investigation, administrator Brian Ohorilko wrote a letter to the casino manager concluding the bonus was an invalid display. The letter stated, in relevant part:
Based on the IRGC's determination that the bonus award displayed on the screen was not valid, the casino refused to pay McKee the $41,797,550.16.
McKee filed suit against the casino in the Iowa District Court for Black Hawk County on January 26, 2012. She alleged the casino had breached a contract to pay her the bonus, the casino should be estopped from refusing to pay the award, and the casino's actions violated Iowa's Consumer Fraud Act. See Iowa Code § 714H.5 (2011).
The casino moved for summary judgment. In support of its motion, the casino attached numerous exhibits, including a copy of its license from the IRGC, a photograph of the screen displaying the award message, the Miss Kitty instruction screens and paytable, a copy of the IRGC's letter, and excerpts from McKee's deposition. McKee resisted the motion for summary judgment and submitted her own exhibits, including two depositions from McKee herself, numerous excerpts from depositions of casino employees, copies of the GLI and Aristocrat letters, interrogatory answers from her expert indicating the award was not the result of a malfunction,
The district court granted the casino's motion on all three counts in a ruling issued on October 15, 2013. With respect to the contract claim, the court stated that all gambling contracts in Iowa are governed by chapter 99F. See Iowa Code ch. 99F. Observing that this chapter grants regulatory authority to the IRGC, the court concluded the rules of the game approved by the IRGC constituted the contract between McKee and the casino:
(Alteration in original.) (Citations omitted.) (Internal quotation marks omitted.)
The court went on to grant summary judgment to the casino on McKee's equitable and promissory estoppel claims as well. It noted "neither version of estoppel can be used to undo the terms of an express, written contract." It also concluded McKee's promissory estoppel claim failed because she did not provide evidence of either a clear and definite promise or detrimental reliance. Additionally, the court rejected McKee's consumer fraud claim, reasoning that she had not suffered an "ascertainable loss of money or property" based on fraud. See Iowa Code § 714H.5(1). At most, McKee had not received a $41 million bonus she claimed to be entitled to.
Subsequently, McKee filed a rule 1.904(2) motion asking the court to enlarge or amend its findings and reconsider its grant of summary judgment to the casino. McKee argued the court should not have considered the IRGC's letter determining the Miss Kitty game malfunctioned. She maintained the letter was irrelevant since the IRGC did not have jurisdiction to resolve disputes between casinos and patrons. McKee also
The casino opposed McKee's rule 1.904(2) motion, maintaining that McKee should not be permitted to offer new evidence and that the court's initial ruling on summary judgment had been correct. On April 23, 2014, the court ruled on McKee's rule 1.904(2) motion. It stated it had reviewed all the new evidence, including McKee's additional depositions, and still concluded that no issues of material fact precluded summary judgment in the casino's favor.
McKee appealed on May 14, and we retained the case. The casino moved to dismiss the appeal, claiming it was untimely. It stated that McKee's rule 1.904(2) motion was filed for an improper purpose (to introduce new evidence), and therefore did not toll the period in which to file an appeal, resulting in an untimely notice of appeal. We ordered the motion to dismiss submitted with the appeal.
We review grants of summary judgment for correction of errors at law. Freeman v. Grain Processing Corp., 848 N.W.2d 58, 65 (Iowa 2014). "Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." Rosauer Corp. v. Sapp Dev., L.L.C., 856 N.W.2d 906, 908 (Iowa 2014). We view the record in the light most favorable to McKee because she is the nonmoving party. See Shelby Cnty. Cookers, L.L.C. v. Util. Consultants Int'l, Inc., 857 N.W.2d 186, 189 (Iowa 2014).
While actions brought under the Consumer Fraud Act are normally tried in equity and reviewed de novo, when they are resolved on a motion for summary judgment, our review is for the correction of errors at law. State ex rel. Miller v. Cutty's Des Moines Camping Club, Inc., 694 N.W.2d 518, 524 (Iowa 2005).
We first address the casino's motion to dismiss McKee's appeal as untimely. Our court rules provide that a party must file a notice of appeal from a final order of the district court within thirty days. Iowa R.App. P. 6.101(1)(b). When an appeal is not filed within the limitations period, we do not have subject matter jurisdiction over the appeal. Baur v. Baur Farms, Inc., 832 N.W.2d 663, 668 (Iowa 2013). However, if a party files a timely and procedurally proper motion under Iowa Rule of Civil Procedure 1.904(2), this extends the deadline for filing the notice of appeal to thirty days after the ruling on the motion. See Iowa R.App. P. 6.101(1)(b). The casino contends that because McKee's rule 1.904(2) motion was filed for an improper reason, it failed to toll the filing period for her appeal, and her subsequent notice of appeal was rendered untimely. See In re Marriage of Okland, 699 N.W.2d 260, 266-67 (Iowa 2005) ("[A]n untimely or improper rule 1.904(2) motion cannot extend the time for appeal." (Footnote omitted.)).
Generally speaking, a party cannot use a rule 1.904(2) motion to introduce new evidence. See In re Marriage of Bolick, 539 N.W.2d 357,
In Tenney v. Atlantic Associates, we determined the plaintiff's motion was adequate to toll the appellate filing period, despite the fact the plaintiff had requested the court to consider new evidence, because the motion also had a proper purpose. See 594 N.W.2d 11, 14 (Iowa 1999). We noted:
Id. For similar reasons, we conclude McKee's appeal was timely and the casino's motion to dismiss should be denied.
Having determined the appeal was timely, we turn now to the merits. McKee contends the court committed legal error in granting summary judgment on the three counts of her petition: breach of contract, estoppel, and consumer fraud. We will address each in turn.
Gambling contracts are governed by traditional contract principles. See Blackford v. Prairie Meadows Racetrack & Casino, Inc., 778 N.W.2d 184, 189 (Iowa 2010). A contract can be either express or implied. Rucker v. Taylor, 828 N.W.2d 595, 601 (Iowa 2013). We have recently explained the difference between express and implied contracts:
Id. (internal quotation marks omitted). "[T]he law will not imply a contract where there is an express contract." Scott v. Grinnell Mut. Reins. Co., 653 N.W.2d 556, 562 (Iowa 2002) (alteration in original) (internal quotation marks omitted); see also 1 Richard A. Lord, Williston on Contracts § 1:5, at 40 (4th ed.2007) ("The law may recognize an implied contract in the absence of an express contract on the same subject matter, but not where there is an express contract. . . .").
Further, it is undisputed the rules of the Miss Kitty game did not provide for any kind of bonus. Hence, in our view, McKee had no contractual right to a bonus. Any message appearing on the screen indicating the patron would receive a $41 million bonus was a gratuitous promise and the casino's failure to pay it could not be challenged as a breach of contract. See Margeson v. Artis, 776 N.W.2d 652, 655 (Iowa 2009) ("[C]ontract law exists to enforce mutual bargains, not gratuitous promises."). Consider the other side of the coin: Suppose the symbols had aligned so that McKee was entitled to a payout under the rules of the game, but the machine did not inform her of a payout. Would the casino have been obligated to compensate her despite the absence of a notification that she had won? We think so.
Nor is it relevant that McKee failed to read the rules of the game before playing it. It is sufficient that those rules were readily accessible to her and she had an opportunity to read them. See Huber v. Hovey, 501 N.W.2d 53, 55 (Iowa 1993) ("[F]ailure to read a contract before signing it will not invalidate the contract. Absent fraud or mistake, ignorance of a written contract's contents will not negate its effect." (Citation omitted.)).
Courts in other jurisdictions, when confronted with bonus payout claims against casinos, have regularly applied the foregoing standard contract principles. In Eash v. Imperial Palace of Mississippi, LLC, the Mississippi Supreme Court held a patron was limited to the $8000 payout listed in the game's rules rather than the $1,000,000 bonus that had appeared on the game screen. 4 So.3d 1042, 1048 (Miss. 2009). Eash was playing a slot machine at the casino when a message scrolled across the screen reflecting a 200,000 credit "Jackpot" totaling $1,000,000. Id. at 1043. The rules of the game as displayed on the machine, however, indicated the maximum available award was only $8000. Id. at 1043-44. The court concluded that the display of a higher jackpot amount than was available under the posted rules did not create an ambiguity in the gambling contract:
Id. at 1047.
In Pickle v. IGT, the same court turned down a slot machine player's claim under
In another case, the Alabama Supreme Court overturned a multimillion dollar award in favor of a casino patron, finding that genuine issues of material fact necessitated a trial. Macon Cnty. Greyhound Park, Inc. v. Knowles, 39 So.3d 100, 112-13 (Ala.2009). The patron, Knowles, had been playing an electronic bingo machine at the casino when she hit a "snake eyes" combination, which was worth only two credits according to the game's paytable. Id. at 105-06, 112. Nevertheless, the machine's lights went off and the credits on the machine began to accumulate up to an amount worth at least $10,000,000. Id. at 106. Knowles contended, in part, that the rules should not govern the disputed payout because they were not visible on the face of the machine, but rather were only viewable if she pushed a button to read them—an action she did not do. Id. at 110. The court found it immaterial that Knowles had not actually read the rules. Id. at 111-12. It further determined that summary judgment for Knowles was improper because the casino's evidence indicated the snake eyes display was worth only two credits. Id. at 112.
To the same effect is Miller v. Sodak Gaming, Inc., 93 Fed.Appx. 847, 848 (6th Cir.2004). There, despite a patron's claim she had won a $1.5 million jackpot based on lights and music coming from the slot machine she was using, the court held she was not entitled to an award because there was "no genuine issue of material fact that Miller was not a jackpot winner under the rules of the game." Id. at 848-49. These authorities support the grant of summary judgment in this case.
In contrast, the Louisiana Court of Appeals directed a casino to pay bonuses of $65,581.00 and $32,790.50 respectively to two patrons even though the bonuses were allegedly more than the maximum payout the machine had been programmed to award. Ledoux v. Grand Casino-Coushatta, 954 So.2d 902, 904, 909 (La.Ct.App. 2007). In that case, two plaintiffs on separate occasions had played the same slot machine game. Id. at 908. Both times, the monitor displayed a combination of three "7s" and indicated the patrons had won a "Bonus Spin." Id. When the patrons played the bonus round, the monitor on the machine indicated they had won the large jackpots in question. Id. In both instances, although employees of the casino initially congratulated the patrons, the casino later refused to pay the bonuses because they were a higher amount than the machine was supposedly programmed to award for a display of three "7s." Id. at 908-09.
Ledoux is distinguishable from the present case. There, the casino did not dispute that the rules of the game included a bonus wheel and that the patrons had qualified for a bonus; moreover, there was no indication in those rules that the amount of any given bonus was limited. See id. at 909-10. This contrasts with the
Additionally, in Ledoux, after rejecting the casino's rules-of-the-game defense, the court then turned to the issue of whether there had been a machine malfunction, a second defense asserted by the casino. Id. at 910. At that point, the court found the casino had not presented sufficient evidence to show a malfunction had in fact occurred. Id. at 910-11. The court explained,
Id. at 912. Here, the district court did not reach the question of malfunction, and neither do we.
Another case where the patron prevailed because recovery was available under the rules of the game is IGT v. Kelly, 778 So.2d 773, 774-75 (Miss.2001) (en banc). There the Mississippi Supreme Court found a patron was entitled to a large bonus for a display of a royal flush on a video poker game. See id. at 779. A sign on the machine stated that a sequential royal flush in hearts would garner a large sum of money. Id. at 774. In parentheses, the sign gave the example of a "10, J, Q, K, A" in hearts. Id. at 775. Kelly played the machine and received an A, K, Q, J, 10 of hearts. Id. at 774. The casino claimed that only an ascending royal flush—rather than a descending one like Kelly had received—was sufficient to win the prize. Id. The gaming commission, in a finding upheld by the Mississippi Supreme Court, determined the patron should prevail because the sign did not specify that only ascending royal flushes would win or that the example on the sign was only accurate if read from left to right. Id. at 774, 779.
Unlike in Kelly, in this case, the rules made no mention of the possibility of bonuses or jackpots beyond the actual winnings based on different reel combinations. In short, "there was no question, ex ante, as to what a winning combination was or what the corresponding award would be on the machine." Eash, 4 So.3d at 1047. The parties' express contract did not include the possibility of winning a bonus, but was rather limited to the display of different reel combinations and their corresponding credit values. Therefore, we conclude McKee should be limited to recovering the 185 credits worth $1.85 that the parties agree the displayed reels amounted to, rather than the additional $41,797,550.16 that did not correspond to the displayed reels or the paytable.
McKee counters with several arguments. We will discuss each of them, but we do not believe any of them is sufficient to create a genuine issue of fact that would preclude summary judgment. First, McKee argues that her agreement was not an express contract dictated by the rules of the game, but simply an implied one that she would get whatever the machine said she would get. McKee cites no authority for this theory, and as noted above, it is contrary to precedent and general contract principles.
Alternatively, McKee insists the "legacy bonus" is separate and apart from the Miss Kitty game, and that she had both an express agreement (the game) and an implied agreement (the bonus) with the casino. However, even assuming McKee could have had both an express agreement and an implied agreement with the casino at the same time, cf. Scott, 653 N.W.2d at 562, she fails to explain the derivation of the latter agreement. McKee had no understanding—implied
McKee also maintains there is a fact issue whether the machine malfunctioned or not. Therefore, McKee continues, a trial needs to occur on whether the casino can avoid liability based upon the sign on the machine and the statement in the game rules that "MALFUNCTION VOIDS ALL PAYS AND PLAYS." However, we agree with the district court's rule 1.904(2) ruling that the existence or not of a mechanical malfunction is beside the point. It is only necessary to reach the malfunction defense if McKee otherwise could receive an award under the terms of the contract. Hypothetically, if the casino declined to pay an award that was otherwise payable based on the alignment of the symbols, the casino would then have to establish that the slot machine had a technical malfunction in order to avoid paying the award. See, e.g., Sengel v. IGT, 116 Nev. 565, 2 P.3d 258, 262-63 (2000) (upholding the gaming control board's denial of a jackpot to the plaintiff after a slot machine's reels stopped in a jackpot alignment due to a malfunction). However, when the machine, as here, generates an award that is not within the rules of the game, isolating the cause of what happened is not necessary. It is sufficient for present purposes that the award was erroneous in the sense that it was not a part of the game.
Along related lines, McKee maintains that the casino has failed to establish a mistake as a matter of law. Mistake, however, is a defense to be raised when a party wants to avoid the effect of the actual contract terms. See Soults Farms, Inc. v. Schafer, 797 N.W.2d 92, 108-09 (Iowa 2011) ("Where there has been a mistake, whether mutual or unilateral, in the expression of the contract, reformation is the proper remedy."). The casino does not need to rely on a mistake defense because it is following the contract terms, not seeking to avoid them.
On point is a decision of the Michigan Court of Appeals. See Coleman v. State, 77 Mich.App. 349, 258 N.W.2d 84, 87 (1977). In Coleman, the plaintiff was erroneously announced as the winner of a $200,000 lottery prize. Id. at 86. Although the district court had found for the plaintiff, the court of appeals reversed and rejected the plaintiff's claim as a matter of law. Id. at 87. The appellate court reasoned,
Id. at 86 (citations omitted). The court further commented,
Id. at 86-87; see also Sargent, 840 N.Y.S.2d at 103-04 (finding the rules of the game governed rather than an erroneous notification that the plaintiff had won a prize).
McKee further criticizes the casino for failing to heed the slot machine manufacturer's warnings by continuing to use the Miss Kitty machine without affirmatively disabling the legacy bonus capability. However, this is a tort theory, rather than a contract one. From a contract law perspective, what matters is whether some express or implied agreement gave McKee a right to a bonus, not whether the casino may have been negligent.
Equitable estoppel requires McKee to prove the following elements:
Sioux Pharm, Inc. v. Summit Nutritionals Int'l, Inc., 859 N.W.2d 182, 191 (Iowa 2015) (internal quotation marks omitted).
ABC Disposal Sys., Inc. v. Dep't of Natural Res., 681 N.W.2d 596, 606 (Iowa 2004).
Here, there is no evidence the casino made a representation on which McKee relied to her prejudice. See Sioux Pharm, Inc., 859 N.W.2d at 191 ("Because Sioux Pharm did not rely on Summit's website statement, it cannot prove equitable estoppel. . . ."). Until the "Bonus Award" message appeared on the screen, McKee had received no information about a bonus and therefore could not have
McKee's claim of promissory estoppel fails for similar reasons. "The theory of promissory estoppel allows individuals to be held liable for their promises despite an absence of the consideration typically found in a contract." Schoff v. Combine Ins. Co. of Am., 604 N.W.2d 43, 48 (Iowa 1999). Promissory estoppel requires a party to prove "(1) a clear and definite oral agreement; (2) proof that plaintiff acted to his detriment in reliance thereon; and (3) a finding that the equities entitle the plaintiff to this relief." Id. (internal quotation marks omitted). Again, McKee has no evidence of detrimental reliance. See, e.g., Merrifield v. Troutner, 269 N.W.2d 136, 138 (Iowa 1978) ("Edgar cannot rely on promissory estoppel because he has not shown he relied to his detriment upon any promise made by Claudia.").
In Miller, the Sixth Circuit rejected the casino patron's promissory estoppel claim under comparable circumstances. See 93 Fed.Appx. at 851. The patron in Miller had played a slot machine that did not register a winning series of symbols. Id. at 849. Miller claimed, however, that the lights and sounds of the machine indicated a jackpot win. Id. The court determined the casino should not be estopped from denying payment to Miller. The court reasoned, "There is no evidence, however, that [the defendant gaming machine operator] made a promise to pay a primary progressive jackpot when a player did not win pursuant to the clearly posted rules of the game." Id. at 851.
Likewise, in this case, the rules and paytable of the Miss Kitty game listed all the winning combinations of reels and did not include the possibility of additional bonus wins. The only possible representation of a bonus, i.e., the "Bonus Award" message, did not induce detrimental reliance on McKee's part. The district court therefore properly granted summary judgment to the casino on McKee's estoppel claims.
Id. § 714H.3(1). The act establishes a private right of action: "A consumer who suffers an ascertainable loss of money or property as the result of a prohibited practice or act . . . may bring an action at law to recover actual damages." Id. § 714H.5(1).
We agree with the district court that McKee cannot show "an ascertainable loss of money or property." See id. McKee's consumer fraud claim rises or falls with her breach of contract claim. If McKee had no contractual right to the bonus, and we have already determined she did not, then she could not have suffered an ascertainable loss of money or property when she was denied that bonus. This is analogous to the situation in Blackford,
McKee cites a decision of the Missouri Court of Appeals that reversed the dismissal of a casino patron's consumer fraud claim. See Raster v. Ameristar Casinos, Inc., 280 S.W.3d 120, 131 (Mo.Ct.App. 2009). In Raster, the casino made changes to its compensation program, which was like a frequent-flyer program and rewarded customers based on their overall gaming volume. See id. at 123. These changes included restructuring the point-award formulas so it was more difficult to earn certain awards or achieve elite status. Id. at 123-24. The casino sent a letter to its program members, including the plaintiffs, indicating that "[n]othing really has changed" despite the new formulas and policies. Id. at 124 (internal quotation marks omitted). The plaintiffs thought otherwise and brought claims under that state's consumer fraud act which, much like Iowa's, required the plaintiffs to have suffered an "ascertainable loss" due to an unfair act "in connection with the sale or advertisement of any merchandise." Id. at 128 (internal quotation marks omitted). The appellate court concluded that the claims should go forward. Id. at 131.
We find Raster distinguishable. This is not a situation as in Raster where the casino changed the rules of the game after the plaintiffs had spent money and accumulated points, which were now devalued by the casino's rule changes. See id. at 123-24. Rather, in this case, the rules of the game did not provide for the bonus in question and McKee therefore did not suffer an "ascertainable loss" when the casino refused to pay it. See Iowa Code § 714H.5(1).
For the foregoing reasons, we affirm the district court's grant of summary judgment.
In Blackford, we stated, "The freedom to contract [for gambling under chapter 99F] is not, however, unlimited. When a contract addresses an area of law regulated by a statute, the statutory provisions and restrictions are a part of the parties' contract." 778 N.W.2d at 189. Here, the IRGC confirmed after the fact that the maximum award for the game, including any potential bonus, was $10,000. However, because we uphold the district court's summary judgment based on traditional contract principles, we need not reach the casino's additional argument that a $41 million bonus would have been illegal under regulatory provisions incorporated into the parties' contract.