We have carefully examined both sides of the argument. First of all, on our site title is definitely part of the agreement. We do not count the current status as BFL "shipping" the products, therefore other bets are still open. On the other hand the conditions in the description are met.
No, they are not.
Condition 1 not met:
shall post detailed and credible photos
The posted photo was created by a BFL employee. Not credible.
Condition 2 not met:
1) BitForce SC Jalapeno: a USB powered coffee warmer providing 3.5 GH/s, priced at under $149
2) BitForce SC Single: a standalone unit providing roughly 40 GH/s, priced at $1,299
3) BitForce SC Mini Rig: a case & rack mount server providing 1 TH/s, priced at $29,899
None of those products was shown in the photo.
As we have been doing before, we will continue to call a draw if there is a such an ambiguity. All the bets will be refunded without any commission.
So to call a draw you ignore the title text and you ignore the facts in both conditions. Major fail.