You get nothing, you lose, good day sir
February 17, 2023 6:20 AM Subscribe
I won VIP tickets to a music festival taking place this September, worth about $1800, and the promoter posted my name on their Facebook, Instagram, and Twitter as the prize winner. When I contacted them asking when do I get the tickets, they responded “Sorry, we emailed you with a 24 hour window to claim the tickets, so you forfeited the prize.”
I never got the email. It’s possible that it went into a spam folder and was automatically deleted, although I’ve never had that happen any other time. Am I just out of luck here?
I never got the email. It’s possible that it went into a spam folder and was automatically deleted, although I’ve never had that happen any other time. Am I just out of luck here?
Response by poster: There weren't any. The website was taken down when the contest ended, and they just have an old privacy policy.
posted by andrewzipp at 6:30 AM on February 17, 2023
posted by andrewzipp at 6:30 AM on February 17, 2023
You can just post negative stuff about them on social media - that should shame them enough :)
posted by pando11 at 6:39 AM on February 17, 2023 [5 favorites]
posted by pando11 at 6:39 AM on February 17, 2023 [5 favorites]
A. Get a lawyer to send them a letter requiring them to give you the tickets. B. Take them to small claims court.
The Internet archive might have archived the site.
posted by theora55 at 6:43 AM on February 17, 2023 [3 favorites]
The Internet archive might have archived the site.
posted by theora55 at 6:43 AM on February 17, 2023 [3 favorites]
I would ask them to send you the terms and conditions. If they don't, then maybe blast them on social. But otherwise sounds like a scam.
posted by greta simone at 6:43 AM on February 17, 2023 [6 favorites]
posted by greta simone at 6:43 AM on February 17, 2023 [6 favorites]
This actually happened to my wife too over the holidays, but for an expensive mixer instead of concert tickets. She sent them a sob story and got a gift card.
Her email spam filter had put it in the junk folder, but it happens to her email regularly.
posted by The_Vegetables at 7:37 AM on February 17, 2023
Her email spam filter had put it in the junk folder, but it happens to her email regularly.
posted by The_Vegetables at 7:37 AM on February 17, 2023
Seconding theora55, what do you have to lose?
But if what you say is still valid and your name is all over their social media, I would include printouts of all of that with the letter.
"See, says right here I won the tickets. You owe me my tickets."
posted by JoeZydeco at 8:59 AM on February 17, 2023 [3 favorites]
But if what you say is still valid and your name is all over their social media, I would include printouts of all of that with the letter.
"See, says right here I won the tickets. You owe me my tickets."
posted by JoeZydeco at 8:59 AM on February 17, 2023 [3 favorites]
One possible strategy is to nitpick the rules and try to shame/scare them into just giving you tickets to avoid a larger hassle.
I would bet $1 that the promoter didn't follow all of the contest/sweepstakes rules that are legally required; here are a couple of articles that highlight what you need.
There are state and federal “lottery laws,” a federal FTC Act, and similar state acts (sometimes called “baby FTC Acts”) that govern lotteries, sweepstakes, giveaways, etc. When you lay those things over the top of each other, a minimum set of rules comes into focus. They include a laundry list of things: an address to write to for a list of winners, the name of the sponsor, approximate odds of winning, an Approximate Retail Value of the prizes is required in some states, and depending on the size of the prize ($5,000 aggregate value across all prizes) you might even need to file a bond in stricter states. On top of that, lawyers often add other stuff to protect the company or the brand: for example, that employees are not eligible to win, how soon you need to claim your prize, how soon you can be a repeat winner, what leeway the company has if there is a mistake, publicity requirements, etc.
So if you can find the official rules and poke some holes in them - especially if there wasn't a clear link to the rules or the requirement about 24 hours email - maybe it gives you a basis to write the promoter and say "hey I entered this contest in good faith, you chose me and used my name on socials, and I contacted you [within x days] to claim the prize. I have reviewed your rules and they are missing A, B, C, and D. It's not fair that you are sticking me on the rules when you are not meeting the base requirements in the first place."
posted by AgentRocket at 9:00 AM on February 17, 2023 [10 favorites]
I would bet $1 that the promoter didn't follow all of the contest/sweepstakes rules that are legally required; here are a couple of articles that highlight what you need.
There are state and federal “lottery laws,” a federal FTC Act, and similar state acts (sometimes called “baby FTC Acts”) that govern lotteries, sweepstakes, giveaways, etc. When you lay those things over the top of each other, a minimum set of rules comes into focus. They include a laundry list of things: an address to write to for a list of winners, the name of the sponsor, approximate odds of winning, an Approximate Retail Value of the prizes is required in some states, and depending on the size of the prize ($5,000 aggregate value across all prizes) you might even need to file a bond in stricter states. On top of that, lawyers often add other stuff to protect the company or the brand: for example, that employees are not eligible to win, how soon you need to claim your prize, how soon you can be a repeat winner, what leeway the company has if there is a mistake, publicity requirements, etc.
So if you can find the official rules and poke some holes in them - especially if there wasn't a clear link to the rules or the requirement about 24 hours email - maybe it gives you a basis to write the promoter and say "hey I entered this contest in good faith, you chose me and used my name on socials, and I contacted you [within x days] to claim the prize. I have reviewed your rules and they are missing A, B, C, and D. It's not fair that you are sticking me on the rules when you are not meeting the base requirements in the first place."
posted by AgentRocket at 9:00 AM on February 17, 2023 [10 favorites]
Personally, I'd just go on all the same places on social media they used to publicize your win and explain that you never got the tickets ....................... that is factually correct.
If they react to that by pointing out you're at fault instead of sending you tickets you start the nit picking - show me the email you allegedly sent, show me the T&Cs I agreed to that make it clear the claim window is so short etc.
I'd do all of that on social media. As long as your messages are factually correct, you've got nothing to lose. And the chances of a slightly more favourable outcome than the current situation are higher if you shame them publicly.
posted by koahiatamadl at 9:16 AM on February 17, 2023 [8 favorites]
If they react to that by pointing out you're at fault instead of sending you tickets you start the nit picking - show me the email you allegedly sent, show me the T&Cs I agreed to that make it clear the claim window is so short etc.
I'd do all of that on social media. As long as your messages are factually correct, you've got nothing to lose. And the chances of a slightly more favourable outcome than the current situation are higher if you shame them publicly.
posted by koahiatamadl at 9:16 AM on February 17, 2023 [8 favorites]
Another option is to write to your state's attorney general. They'll at least know the laws for such events in your state, bolstering your case and saving on lawyer time($$).
posted by theora55 at 9:49 AM on February 17, 2023 [1 favorite]
posted by theora55 at 9:49 AM on February 17, 2023 [1 favorite]
There weren't any
Yes there were. You just don't know what they were. If you'd like the tickets, your first step is to figure out what they were. Did you register online? If so, did you get a confirmation email? If it's a legit organization, they should have something in the fine print of the confirmation email. If not, I'd try the Internet Archive, and if that doesn't work, I'd email them and ask. The worst they can do is ignore you. And then in that case, you can escalate. But everyone saying to get a lawyer and stuff - that costs money. It's worth saving that money if you can get the information you need yourself.
One thing you might try is to report those social media posts as false information. I know Facebook has started hiding stuff that they've deemed false or misleading on the timeline, so that you have to click to see it. If they're saying you got tickets and you didn't get tickets, that's false. It would be pretty embarrassing for them to have that show up on their social media.
posted by kevinbelt at 9:54 AM on February 17, 2023 [1 favorite]
Yes there were. You just don't know what they were. If you'd like the tickets, your first step is to figure out what they were. Did you register online? If so, did you get a confirmation email? If it's a legit organization, they should have something in the fine print of the confirmation email. If not, I'd try the Internet Archive, and if that doesn't work, I'd email them and ask. The worst they can do is ignore you. And then in that case, you can escalate. But everyone saying to get a lawyer and stuff - that costs money. It's worth saving that money if you can get the information you need yourself.
One thing you might try is to report those social media posts as false information. I know Facebook has started hiding stuff that they've deemed false or misleading on the timeline, so that you have to click to see it. If they're saying you got tickets and you didn't get tickets, that's false. It would be pretty embarrassing for them to have that show up on their social media.
posted by kevinbelt at 9:54 AM on February 17, 2023 [1 favorite]
Just to add to my note, theora55 has it right that the place where you would go in your state is the Attorney General's office. My state (Illinois) has a page about sweepstakes and has contact information right at the bottom.
So if the promoter jerks you around you could say "I appreciate your position but your unwillingness to honor the contest seems to me like a violation of state law. If we can't work out an arrangement my next contact will be to the [State] Attorney General's office."
posted by AgentRocket at 10:03 AM on February 17, 2023 [2 favorites]
So if the promoter jerks you around you could say "I appreciate your position but your unwillingness to honor the contest seems to me like a violation of state law. If we can't work out an arrangement my next contact will be to the [State] Attorney General's office."
posted by AgentRocket at 10:03 AM on February 17, 2023 [2 favorites]
It's definitely worth your time to pursue this and ask for someone higher up than the person you're contacting.
Prize fulfilment often goes to a very junior person and sometimes there's a disconnect between that person and the official rules. So it may really only take one ask.
posted by warriorqueen at 10:07 AM on February 17, 2023
Prize fulfilment often goes to a very junior person and sometimes there's a disconnect between that person and the official rules. So it may really only take one ask.
posted by warriorqueen at 10:07 AM on February 17, 2023
^^^ honey first, then vinegar.
posted by j_curiouser at 11:27 AM on February 17, 2023 [5 favorites]
posted by j_curiouser at 11:27 AM on February 17, 2023 [5 favorites]
This thread is closed to new comments.
posted by rachaelfaith at 6:24 AM on February 17, 2023 [3 favorites]