Hey guys, So this is my first post here, I am unsure if it is even in the right section let alone if this question is stupid but I was hoping that someone would have some guidance for me. I live and reside in Australia.
Essentially I am wondering how legally binding a affidavit is? And if I have any change of successfully pursuing the below case.
If the following was to happen is there any "legal" ground to stand on or is it just bad luck. I understand that as much information as possible would be helpful but I don't want to give to much away at this stage.
1)Win prize. (overseas trip) Was a competition run through my current place of employment in cooperation with a "huge" overseas games publisher, the competition was NOT luck based but skill based on a number of factors.
2)Get told it is only for 1 person. (all official documentation just list it as flights to, flights from (it never stated 1 flight to,so vague)
3)Get told that in fact was a mistake, and it is actually for 2 people.
4)Tell second person that they are also coming on prize.
5)Get sent legal documents (refereed to as a affidavit, seeking to be declared the winning of the following) To sign and send back, stating in every section that it is for 2 people. It also has this information as the last point.
I further acknowledge that with the exception of the Official Rules for the Sweepstakes, this document
constitutes the entire agreement and complete understanding of the parties, and that no oral or prior written
agreements (other than the Official Rules for the Sweepstakes) shall be deemed a part of or modification of
this agreement. This agreement cannot be modified except by a written instrument signed by an authorized
representative of the Companies.
6)Sign and send back affidavit.
7)Get told they screwed up and it is only for 1 person.
8)Get new affidavit sent with the only changes being QTY of 1 instead of 2. So identical to first affidavit, and did not have anything in relation to the above "written instrument signed by an authorized representative of the companies.
9)Refuse to sign any new documentation and query as to the eligibility of prize transfer, get told it is strictly NO. I then refuse to sign any new documentation including there second affidavit, with me being vocal about the fact that I believe they should honor there first affidavit. .
10) Am not awarded any prize.
11) Find out a few months later (recently) that my prize was in fact transferred to another employee of the company (possibly the place behind me) I Have since confirmed he was only told about wining the trip after I refused to sign any new documents, that being 2 weeks before departure.
The part that I am unsure about and all a little bit fuzzy is the fact that I got sent a affidavit (a legally binding documneet as far as I know) and was signed and sent back as requested, then they decided that they screwed it up and just change it. is it possible to just change it?
The last part of the document states that the agreement cannot be modified except by a written instrument signed by a authorized representative of the companies.
So I assume just sending through a new affidavit doesn't cut that either. Not to mention the fact that at one stage I was prepared to let it go, until I found out I had been deceived and lied to in relation to that of the prize transfer also.
Thanks guys, hope that this is the right section, thank you
Essentially I am wondering how legally binding a affidavit is? And if I have any change of successfully pursuing the below case.
If the following was to happen is there any "legal" ground to stand on or is it just bad luck. I understand that as much information as possible would be helpful but I don't want to give to much away at this stage.
1)Win prize. (overseas trip) Was a competition run through my current place of employment in cooperation with a "huge" overseas games publisher, the competition was NOT luck based but skill based on a number of factors.
2)Get told it is only for 1 person. (all official documentation just list it as flights to, flights from (it never stated 1 flight to,so vague)
3)Get told that in fact was a mistake, and it is actually for 2 people.
4)Tell second person that they are also coming on prize.
5)Get sent legal documents (refereed to as a affidavit, seeking to be declared the winning of the following) To sign and send back, stating in every section that it is for 2 people. It also has this information as the last point.
I further acknowledge that with the exception of the Official Rules for the Sweepstakes, this document
constitutes the entire agreement and complete understanding of the parties, and that no oral or prior written
agreements (other than the Official Rules for the Sweepstakes) shall be deemed a part of or modification of
this agreement. This agreement cannot be modified except by a written instrument signed by an authorized
representative of the Companies.
6)Sign and send back affidavit.
7)Get told they screwed up and it is only for 1 person.
8)Get new affidavit sent with the only changes being QTY of 1 instead of 2. So identical to first affidavit, and did not have anything in relation to the above "written instrument signed by an authorized representative of the companies.
9)Refuse to sign any new documentation and query as to the eligibility of prize transfer, get told it is strictly NO. I then refuse to sign any new documentation including there second affidavit, with me being vocal about the fact that I believe they should honor there first affidavit. .
10) Am not awarded any prize.
11) Find out a few months later (recently) that my prize was in fact transferred to another employee of the company (possibly the place behind me) I Have since confirmed he was only told about wining the trip after I refused to sign any new documents, that being 2 weeks before departure.
The part that I am unsure about and all a little bit fuzzy is the fact that I got sent a affidavit (a legally binding documneet as far as I know) and was signed and sent back as requested, then they decided that they screwed it up and just change it. is it possible to just change it?
The last part of the document states that the agreement cannot be modified except by a written instrument signed by a authorized representative of the companies.
So I assume just sending through a new affidavit doesn't cut that either. Not to mention the fact that at one stage I was prepared to let it go, until I found out I had been deceived and lied to in relation to that of the prize transfer also.
Thanks guys, hope that this is the right section, thank you
