Online contest rules not being followed.(bodybuilding.com)

[mr06evo]

I as well as many others entered a contest a bodybuilding.com transformation challenge. Basically it was a contest to see who could make the biggest physical change in a period of 12 weeks. There were a clear set of rules and terms that had to be followed. My reason for posting here is because many of the rules were not followed and winners that did not meet these rules were still chosen.

The company states that they used their right of sole discretion and that they did not have to follow the rules exactly. I have already contacted the BBB and the FTC. One of their employees admitted that these people should have been disqualified but they were chosen due to human/computer error. My question is did this company break any laws by not following the rules?

Rules that were broken:
1. Female grand prize winner did not take full before or after photos.
2. Male grand prize winner did not take full before or after photos.
3. Runner up winner did not hold news paper in all 3 of the mandatory photos.

Link to official terms and conditions.
Bodybuilding.com - Bodybuilding.com $100,000 Transformation Challenge - Presented By Optimum Nutrition - Terms & Conditions.

The company is based out of Boise, ID.

I have done a lot of research and cant find anything in specific pertaining to this issue. Thanks in advance for our help!

 

[Zigner]

This is from the Terms and Conditions from the contest. In a nutshell, contestants agree to release the company from all liability related to the contest, so you really have no-where to go with this.

Disclaimer and Release of Liability: Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant's or any other persons', computer relating to or resulting from participation in this Contest; inability to access the entry website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Proof of entering information at website is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO CONTESTANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor reserves the right to terminate, withdraw or amend the Contest for any reason.

 

[Michael Wechsler]

This is from the Terms and Conditions from the contest. In a nutshell, contestants agree to release the company from all liability related to the contest, so you really have no-where to go with this.

Zigner - this is not necessarily true. You can't disclaim something illegal, such as fraud, which I'm not saying is the case.

Disclaimer and Release of Liability: Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant's or any other persons', computer relating to or resulting from participation in this Contest; inability to access the entry website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Proof of entering information at website is not considered proof of delivery or receipt. All dates set forth in these Rules are approximate.

I'm not sure that this covers the "errors" that are claimed by the site, which seems to be a bit flimsy when they allegedly claim a right to arbitrarily choose a winner.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO CONTESTANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor reserves the right to terminate, withdraw or amend the Contest for any reason.

This doesn't deal with the issue of direct damages nor did the Sponsor amend the contest.

The DMA (Direct Marketing Association) has some good tips on sweepstakes and contest dos and don'ts:

SWEEPSTAKES DO'S and DON'TS FOR MARKETERS

I don't know of any specific Idaho state laws regarding contests but if you truly feel that they didn't act in good faith (and I think it's good practice to hesitate to report anyone unless you're sure), then you can always report them to the Idaho State Attorney General.

I don't think the law will get you a remedy. Even if these winners were disqualified, it doesn't mean that you would have won. The best place would be to write the sponsor or let the site know that is what you intend, as money talks. Again, I think that rabble rousing is only a good idea if there is some certainly that intentional wrongdoing is present. I don't know enough here.