False Advertising?

[rundmcarlson]

What is the name of your state (only U.S. law)? FL

I found a rewards program on slurpee.com. They were offering a promotion for 45 days where every day a different video game related prize was offered for a certain amount of rewards points obtained by drinking slurpees. On their home page, there was an image of 3 different game titles, each with their own promotional cup next to it. One of the games shown was never offered as a prize. The only reason I bought any of the drinks was to try and claim a game from the points. This game was never offered as an option. Various small items relating to all three games were offered over the course of the promotion but the other two titles were offered on the system shown in the ad. Does this constitute false advertising? I wouldn't have bought any of their products if it weren't for all the images of the game throughout the promotion. Items would quickly run out of stock, just a few minutes after being posted online. This resulted in me having to stay up until 1am every night to ensure that I would be able to get one before they ran out. You can assume how mad I became when the last day of the promotion came and they never posted the title I was waiting for. Since there were only 3 games shown and 3 specialty cups made, I would think that most would assume that these three games were all offered.

 

[justalayman]

did you read the rules of the game? Did you do anything other than look at the picture and come to the conclusion you did?

 

[Mass_Shyster]

False advertising does not give consumers a cause of action for a lawsuit. It only gives the government a cause of action.

Your only valid cause of action would be a breach of contract, but I would bet that the terms and conditions spelled out what was being offered, and under what conditions.

 

[rundmcarlson]

there are no documents posted anywhere (including the terms and conditions on their site) that say what is or is not included in the promotion. The only indication of what would be in the promotion was a promo page with a picture of 3 playstation 3 games, each one beside a promotional cup that matched the game cover. Several items themes like the games were posted but the one game was never posted online. The other two were and some items were completely irrelevant to the promotion ads online and in stores.

 

[rundmcarlson]

Also, I am not incompetent. I checked all the rules and regulations as well as scoured the site for details before the promotion ended. (There was talk online that the game may not show up in the promotion as it had been advertised. Some thought it too good to be true due to the new nature of the title.) I am mostly angry that I wasted so much time staying up every night for something they never intended to offer to anyone, even though they posed all sorts of ads that led people to believe that it would be offered.

 

[justalayman]

there are no documents posted anywhere (including the terms and conditions on their site) that say what is or is not included in the promotion.

well, I guess if they never said what or how you could win anything, I guess anything you got is a bonus as apparently it wasn't really intended to offer you anything.

 

[rundmcarlson]

Sorry, the promotion offered, per the terms online "various ubisoft and ea promotion products" (nothing really specific), but regardless of what they offered, showing photos of an ea product that will not be offered, alongside photos of ea products that will be offered is misleading to a consumer. Since participation in the promotion is based on product purchases, aren't they gaining sales through trickery and misleading adverts?

 

[swalsh411]

It may be misleading but that doesn't make it illegal. The terms say the prizes will be various products and the prizes were various product. Now do you still wonder why they weren't more specific? Consider this a life lesson not to waste your time with these stupid rewards programs.

 

[justalayman]

Sorry, the promotion offered, per the terms online "various ubisoft and ea promotion products" (nothing really specific), but regardless of what they offered, showing photos of an ea product that will not be offered, alongside photos of ea products that will be offered is misleading to a consumer. Since participation in the promotion is based on product purchases, aren't they gaining sales through trickery and misleading adverts?

you did say the prizes were related to those games, right? That is what the images were intended to infer apparently. It's just like when I look in a car magazine and I see an American racing wheels advertisement where they show their wheels on a Corvette. No matter how many times I tried to convince the tire store my wheels are supposed to come with a Corvette attached to them, they keep telling me I have to supply my own Corvette.


Go figure.

 

[rundmcarlson]

you did say the prizes were related to those games, right? That is what the images were intended to infer apparently. It's just like when I look in a car magazine and I see an American racing wheels advertisement where they show their wheels on a Corvette. No matter how many times I tried to convince the tire store my wheels are supposed to come with a Corvette attached to them, they keep telling me I have to supply my own Corvette.


Go figure.

This is not at all the same. The promotion was offering multiple items relating to what was shown. The car in your description is just a means of showing a tire. What you are saying is like saying that the grocery store should give me a table with my vegetables. It is just a means to hold the item in question. I'm going to write them and see if they would be willing to offer me anything for all my aggravation. I'm sure they won't but whatever, I just hate being deceived. Its definitely not a coincidence that they took one of the most popular games in the country to put in the ad. They know they did it to gain customers even though they weren't going to offer it. Its just annoying. I would never take action anyway, I was just hoping I would have ground to stand on when I asked for something in return for all the hassle of being a part of the promo