Nevermind, We Didn't Mean It
January 26, 2010 2:00 PM Subscribe
A well-known company ran a "contest" in May offering prizes of up to $8000 worth of merchandise, asking for sayings before Valentine's Day for their product. Bloggers were asked to both enter and promote this contest on the understanding that prizes would be awarded to the winners. Very specific prizes were offered.
Now the sayings have been published, amid much fanfare, for the new line of the product. But no prizes were ever awarded. Company says it was not a contest but a "vote by America". I have proof otherwise...what happens now?
A candy company ran a contest in May of last year. Contestants had to come up with catchy sayings to put on their product. Now, the new sayings have been announced. The problem? No awards were given.
Bloggers (full disclosure, I am one of them) were asked to promote this contest, though, on the understanding that prizes would be awarded to the winners. In addition, the bloggers were encouraged to enter ourselves.
The sayings have been announced. They're putting them on their product. I managed to take screenshots of several posts from various blogs which linked to the contest back in May, and there was an official press release with the terms of the contest and the prizes listed in it. But they have taken down the original contest page and deny it.
So I guess my question is: can they legally just decide not to award any prizes, call it a "vote by America" instead, and use the sayings people submitted to them? Is there anything I can do about this situation?
A candy company ran a contest in May of last year. Contestants had to come up with catchy sayings to put on their product. Now, the new sayings have been announced. The problem? No awards were given.
Bloggers (full disclosure, I am one of them) were asked to promote this contest, though, on the understanding that prizes would be awarded to the winners. In addition, the bloggers were encouraged to enter ourselves.
The sayings have been announced. They're putting them on their product. I managed to take screenshots of several posts from various blogs which linked to the contest back in May, and there was an official press release with the terms of the contest and the prizes listed in it. But they have taken down the original contest page and deny it.
So I guess my question is: can they legally just decide not to award any prizes, call it a "vote by America" instead, and use the sayings people submitted to them? Is there anything I can do about this situation?
This post was deleted for the following reason: poster's request. -- jessamyn
This page has some basics, but it says 'jursdiction' enough that a lawyer is probably what you need.
posted by anti social order at 2:14 PM on January 26, 2010
posted by anti social order at 2:14 PM on January 26, 2010
I think it is a pretty universal rule/law that rules of a sweepstakes or contest cannot be changed once it has begun. So it's great that you have a paper trail. But, what to do about it? That would most likely entail contacting your state's attorney and a lawyer. There would be absolutely nothing you, as a little peon blogger, can do to force their hand. Especially if they have changed their postings and are denying the previous stipulations. Yep, you need a lawyer.
posted by Eicats at 2:18 PM on January 26, 2010
posted by Eicats at 2:18 PM on January 26, 2010
It might.
There are communities of contest-entering-type-people who do nothing but read the rules of each contest to find the loopholes that can be exploited.
Sweepstakes law is VERY complex and every state is different. Attorney General in the state the company is located in is a good place to start, as is the BBB. You may have a case. Without seeing specifics I cannot tell you.
(I used to work for a company that had a division that JUST did online sweeptstakes)
posted by micawber at 2:18 PM on January 26, 2010
There are communities of contest-entering-type-people who do nothing but read the rules of each contest to find the loopholes that can be exploited.
Sweepstakes law is VERY complex and every state is different. Attorney General in the state the company is located in is a good place to start, as is the BBB. You may have a case. Without seeing specifics I cannot tell you.
(I used to work for a company that had a division that JUST did online sweeptstakes)
posted by micawber at 2:18 PM on January 26, 2010
Maybe a class-action lawsuit? You'll probably want to find a lawyer who'll talk about this.
posted by amtho at 2:23 PM on January 26, 2010
posted by amtho at 2:23 PM on January 26, 2010
Response by poster: Actually, they asked bloggers to promote the contest, AND we were encouraged to enter rather than being exempt, as we sometimes are from these sorts of things. I think the reasoning was that since it was the sayings they wanted, we didn't have a particular advantage over anyone else entering.
So, yes, I entered the contest and also mentioned and linked to it on my own blog. And encouraged others to enter.
posted by misha at 2:23 PM on January 26, 2010
So, yes, I entered the contest and also mentioned and linked to it on my own blog. And encouraged others to enter.
posted by misha at 2:23 PM on January 26, 2010
Response by poster: Wow. Okay, I am going to ask the mods to close this up, then!
posted by misha at 2:25 PM on January 26, 2010
posted by misha at 2:25 PM on January 26, 2010
This thread is closed to new comments.
I'm a bit confused -- are you a blogger who also had one of the winning entries? or just a blogger? Did they promise prizes to the bloggers themselves independent of the "prizes" to the winning phrases?
posted by EmpressCallipygos at 2:04 PM on January 26, 2010