The person would have still misrepresented the giveaway, which is against the rules. Also if someone put up any other game pack but only gave the winner some of the games in the pack instead of all of them, should they still mark it as received? But yeah there should be a way to differentiate between the Frozen Synapse Bundle with and without the Frozenbyte extra.
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Honestly... the creator of the giveaway SHOULD be stating whether or not it has it in the giveaway description.
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If the giveaway it's about Frozen Synapse Bundles, why it should have the frozenbyte?
In any case, if it comes with it, ok. If not, ok too
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Because if you donated more than 4.50 (or whatever the Average was, it hovered around the 4.50ish range.), Your Bundle will also come with the past released Humble Frozenbyte bundle aswell. If you donated less than that, It won't.
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It's not about whether it should have Frozenbyte, it's about letting people now what exactly they are entering for.
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If you get a gift that breaks the rules: redeem it, then report giveaway.
If the gift also mismatches the giveaway title (like a Dirt 1 giveaway that is actually a Dirt 3 key, or a spacechem giveaway that is actually a HFSB), you may also mark the gift as not received.
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Considering it was being given to half the Frozen Synapse Bundles Purchased, im not seeing that many.
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