Advertiser refuses to give prize my husband won.

[spego]

What is the name of your state? Indiana

My husband received a advertisement from a local used car lot in the mail. In it was a card that he had to scratch off 2 spots and if the numbers matched then he won a prize. No where on the ad or on the card does it say that he has to buy anything to win. When we got to the dealer they said that he has to buy a car and then they would take the prize of $2000.00 of the cost of the car. When we told him that we did not want a car he said that the prize was only good toward the purchase of a car. The manager of the lot said that others have come in and tried to collect a prize without a purchase as well. Could this win a collective fight against the car lot to give all of us our prizes that we won?

 

[HomeGuru]

What is the name of your state? Indiana

My husband received a advertisement from a local used car lot in the mail. In it was a card that he had to scratch off 2 spots and if the numbers matched then he won a prize. No where on the ad or on the card does it say that he has to buy anything to win. When we got to the dealer they said that he has to buy a car and then they would take the prize of $2000.00 of the cost of the car. When we told him that we did not want a car he said that the prize was only good toward the purchase of a car. The manager of the lot said that others have come in and tried to collect a prize without a purchase as well. Could this win a collective fight against the car lot to give all of us our prizes that we won?

**A: please post the ad and the wording on the scratch card.

 

[spego]

ad and card

Card:
SUPERCARD GAME
MATCH TO WIN!
If Your Numbers
Match, YOU WIN!
Attention: If numbers match, bring to
dealership and claim prize.

The back of the card is blank.

The ad is front and back of paper. I have know way of posting it.

 

[HomeGuru]

Then sorry, we can't help you.

 

[You Are Guilty]

Type in all the "fine print" as we all suspect that's where you'll find the answer to your problem.

 

[Miranda71]

I don't know if this is true or not but I always thought that advertised contest had to be "no purchase necessary" Hope you get your prize.

 

[spego]

Fine print

Here is the fine print on the advertisement:

Your new vehicle payment cannot exceed 20% of yur gross monthly income; vehicle payment totaled with your monthly payments must not exceed 50% of your gross income. Must be at least 18 years of age. If you accept this offer, we may not extend credit to you if, after you respond, we determine that you do not contue to meet the criteria used for this pre-approed offer. Lender assumes no responsibitlity for incorrect information supplied by vrious cfedit reporting agencies. Any equity deficit in your current vehicle must e pain or refinanced with new vehicle. Credit severity many affect down payment. Bankruptcies must e dischared. If in compliance with provisions listed above, you are guarenteed to receive a loan for upto $10,000.00 toward the purchase of a 1999 or newer vehicle from Enterprise America Finance.

Notice: We used informaton in a pre-qualifiying report from a credit-reporting agency in connection with this firm offer of credit. You have the right to prohibit the use of this information contained in your credit file with any credit-reporting agency for all future credit transactions not initiated by you. You may exercise this right by notifying the credit reporting agencies that provide pre-qualifying reports for you requested by calling toll free 1-888-567-8688: Eperian information systems, Inc at PO Box 919, Allen, TX 75013 or trans Union LLC opt out: PO Box 97328, Jackson, MS 39288-7328 or by calling (888) 567-8688 or 1-888-5optout.

**Dealer to keep rebates.

 

[You Are Guilty]

It may be on the borderline, but it's pretty clear that that's an advertisement, not a "prize". I suspect every "game" piece was a winner. You can contact your state's consumer fraud department if you really care that much, but there's almost no chance you'll see any money out of it.

 

[Dandy Don]

Take everything to a local business law attorney to have him/her review it. There are strict laws regarding disclosure on contests/prizes/sweepstakes and the language has to be worded very carefully or else if there is a mistake or omission or deception, the car dealer can be liable for damages. Seems like there should have been some type of statement saying that a cash prize would not be awarded and that the amount awarded would be required to be applied toward a down payment, so that participants could have a full understanding of the contest.

 

[You Are Guilty]

And why would that help when it's an advertisement, not a contest?

 

[Dandy Don]

Even ads have to be worded correctly and since a prize is offered the element of contests is added to consideration.