Question about a contest where a prize was refused to be given out

[kalamn83]

Massachusetts

I recently entered a giveaway on instagram where the winner won a wedding planner/coordinator, invitations by a calligrapher for up to 150 people, bridal hair and makeup with a trial session, a mosaic ring dish, and a photography package (including an engagement session)....

The stipulations of the contest were that the wedding be a year away and the wedding take place in massachusetts....

The contest began at the beginning of june and i entered a week later (when I found the contest)....

I had to share their instagram post, tag all vendors involved, and write an essay and email it to the planner (who is running it)....

The contest ended the last day of june and the giveaway site stated a winner would be chosen on the 6th of July... On the 6th, no winner was announced, I asked when and where the announcement would be, the planner said she would make an announcement on july 9th...

At this point, I looked at the other entries and saw that only one other person had entered (and they live in L.A.) So I am assuming that they didn't read the rules and I thought for sure I'd be the winner.

On the 8th, I received an email from the planner saying that I was not chosen... I responded and asked "Who won?"... she then responded saying that they chose to not go through with the giveaway and no winner was chosen....

She then blocked me on instagram and deactivated her facebook page. I have the emails, screenshots of all the giveaway posts and the giveaway page.

Is this legal? Or is it a breach of some sort of contract? Maybe false advertisement? Basically, is there anything that I am able to do, considering I should have won and believe they decided not to follow through because they didn't seem to get the entries that they had hoped for?

 

[FlyingRon]

The problem is that to have a contract there has to be consideration. You didn't really have to pay or do anything for your entry (other than some trivial clicking on websites), so you don't really have the essentials.

 

[Dave1952]

Isn't writing an essay consideration? Writing an essay may involve hard work. It's certainly more than clicking on a few websites. I'm inclined to believe that there is a contract and that the initiator must give out the prize to one of the contestants or face the consequences for defrauding the contestants. I doubt a DA will get excited about this fraud though.
I think you are dissing this person's effort without knowing what was done. That's free advice but it's not good advice.

 

[quincy]

Massachusetts

I recently entered a giveaway on instagram where the winner won a wedding planner/coordinator, invitations by a calligrapher for up to 150 people, bridal hair and makeup with a trial session, a mosaic ring dish, and a photography package (including an engagement session)....

... I had to share their instagram post, tag all vendors involved, and write an essay and email it to the planner (who is running it)....

... On the 8th, I received an email from the planner saying that I was not chosen... I responded and asked "Who won?"... she then responded saying that they chose to not go through with the giveaway and no winner was chosen....

... Maybe false advertisement? ...

Yes. Maybe false advertising.

Following are links to the laws in Massachusetts:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section91

http://www.mass.gov/ago/consumer-resources/consumer-information/retail-rights/advertising.html

http://www.mass.gov/ocabr/consumer-rights-and-resources/consumer-protection/shopping/consumer-protection-law.html

Even if we can assume that the contest terms did not include any condition on how many must enter the giveaway in order for a prize to be awarded, the giveaway terms and conditions still would need to be reviewed in their entirety to see if the company with their giveaway mislead or deceived or harmed consumers (either intentionally or unintentionally).

But, even if the advertised contest can be seen as violating Massachusetts law by promising consumers what it would not/could not/did not deliver, YOU appear to have no damages to claim (no loss of money, no loss of property). With no damages, you have no reason to sue. You could, however, file a complaint with your Attorney General's Office. I imagine, though, that the event planner is already regretting the contest giveaway idea and never plans to have one again.

 

[Mass_Shyster]

This certainly seems like an unfair and deceptive act as defined by MGL 93a.

Consider talking to an attorney. You may be surprised at your options.

 

[quincy]

This certainly seems like an unfair and deceptive act as defined by MGL 93a.

Consider talking to an attorney. You may be surprised at your options.

Although I agree that the giveaway promotion could fall under MGL 93a, I am not seeing any reason for kalamn83 to spend money on an attorney.

In a lawsuit, a consumer must prove compensatory or actual damages. There must be "a loss of money or property, real or personal." I am not seeing any compensable damages here.

A complaint to the Attorney General could be filed, though.

 

[Mass_Shyster]

Although I agree that the giveaway promotion could fall under MGL 93a, I am not seeing any reason for kalamn83 to spend money on an attorney.

In a lawsuit, a consumer must prove compensatory or actual damages. There must be "a loss of money or property, real or personal." I am not seeing any compensable damages here.

A complaint to the Attorney General could be filed, though.

A successful 93a claim includes attorney fees. Suing companies based on 93a is a cottage industry in Mass. You can generally get a free consultation with a lawyer who specializes in consumer protection cases, since the attorney fees normally exceed the recovery.

 

[quincy]

A successful 93a claim includes attorney fees. Suing companies based on 93a is a cottage industry in Mass. You can generally get a free consultation with a lawyer who specializes in consumer protection cases, since the attorney fees normally exceed the recovery.

I don't doubt what you say about successful 93a claims. But to be successful with a 93a claim, there must be provable damages. Here there are no damages so there can be no recovery.

What am I missing here, Stevef?