The skit that “missed the mark” occurred in a break in play during the second quarter of Charlotte’s game against the Philadelphia 76ers on Monday. The child was brought onto the court with Hugo, the Hornets’ mascot, dressed as Santa Claus. After a letter to Santa requesting a PS5 was read out loud, a cheerleader came out with a bag containing the video game console.
The young fan was visibly overjoyed as he received the pricy gift. However, according to an online acquaintance, he was less happy when the cameras turned off and a Hornets staffer took it away, replacing it with a jersey.
Intent matters but not if the intent was to deceive. If the act had all the elements that represent giving a gift, then legally it WAS giving a gift. Otherwise all gifts could be taken back at any time just by claiming that it was actually a joke.