Consumer Law, Warranties Contest Disquallification

[s6om]

Rather than ramble on about my topic.... I rather just copy and paste me rambling on in a Letter of Demand I sent to a local radio station after they had disqualified me for 'allegedly' cheating in their contest. The only thing I should add prior to this, is that, they also have a rule stating the following: Decision of the judges is final, including their interpretation or modification of contest rules, and their verification of the winner. All decisions or interpretations regarding these rules and any other contest matters, including making new rules, at any time is within the sole authority of WIFC.com and Midwest Communications/WRIG Inc.

Letter of Demand:
_________________________________________________

On January 16, 2004, WIFC concluded a promotion it had been running on its website (www.wifc.com) at midnight. The contest was a game similar to Yahtzee, but was named Chadzee. The winner of this contest was to receive 400 square feet of carpeting, 400 square feet of padding, delivery and installation from CarpetsPlus. They were also to receive a 7-piece living room set including a sofa, loveseat, 2 Steve Silver Company end tables, a Steve Silver Company coffee table and 2 Couster lamps from Mall Furniture.

Upon the conclusion of the contest, my name remained on WIFC's website as the "current leader". Two days later, Monday, January 19, 2004, while listening to "Joe and Trace in the Morning" at approximately 8:55 a.m. they announced that they "finally" had a winner and knew what the winning score was. They announced my name as the winner; along with my score and stated that they would be contacting me the next morning.

In my excitement, I called the studio line. We discussed briefly what I had won and a little about my strategy while playing. That was the end of my conversation. With this being said, almost 57 hours after the conclusion of the contest, I was announced to the general public as the winner. Immediately following the announcement, I began to receive calls from friends and family congratulating me; sharing in my excitement. The excitement and congratulatory remarks continued throughout Monday and Tuesday as word spread. When you live in a smaller city and work at one of the largest employers in Central Wisconsin, good news travels fast.

I also called the WIFC business line around 2:00 p.m. on Monday afternoon to discuss what paperwork I may need to fill out. The person I spoke to stated that the secretary was out and that she would be giving me a call back. He was "sure" there was paperwork I would need to take care of. We are now over 62 hours past the conclusion of the contest and I continue to be treated as the winner of the contest.

Upon receiving your call on Tuesday at 2:51 p.m. (almost 87 hours after the completion of the contest and 18 hours after being announced the winner), I was informed that I was disqualified for "cheating". Upon inquiring how I cheated, you informed me that, "they have proof from our web department that you didn't play by the rules posted…" I inquired which rule I had violated and you informed me that, "some type of program or system was in place to gain points."

I informed you that I did not use any program, software package or script to gain points. I can even take this a step further and state that I played each and every game myself. I will admit that I was playing multiple games at a time (concurrently) rather than playing one game at a time (consecutively). Nowhere in WIFC's rules does it state that this is a violation. WIFC's own instructions on the website stated, "To Win, just play WIFC.com's Chadzee Game, and accumulate the Highest Overall Score (in multiple games) by the end of the promotion!!" A reasonable person could, as I did, interpret this as the ability to play more than one game at a time.

According to WIFC's own Contest Rules, "By participating in the contest, winner grants authority to WIFC.com and Midwest Communications/WRIG Inc. to publish his or her name and voice on WIFC.com for promotional purposes." Since I had not granted any other permission prior, I must have been officially declared the winner, being that my name was announced on-air. This also means that this was a final decision by the "judges" as also stated in WIFC's Contest Rules.

After our further discussions Tuesday, you again contacted me on Wednesday, January 21, 2004 at 4:11 p.m. This was a conference call with WIFC's IT/Web department in attendance. I again wanted to confirm that WIFC's IT/Web staff was aware that I had not used any automation software. I also inquired why they hadn't put in place a simple restriction to only allow users to sign into a game one at a time; if that was their intent of how the game was to be played (contrary to the instructions discussed in a previous paragraph). They stated they were aware of this and are now working on it.

We also discussed the topic of "Joe and Trace in the Morning" pronouncing me as the winner of the contest and also announcing my final score. When I had asked you earlier how they got my score, you stated, "They got it off of the internet, so they could announce the winner during their show." When I confronted you again today about this topic, since scores were not published on the internet, you corrected yourself and stated that they received an email. This was set-up prior to the conclusion of the contest so that they would be able to announce the winner during their morning show. This also means that you and/or WIFC's IT/Web staff were well aware that they would be announcing the 'official' winner on Monday morning, yet you tell me that you did not declare a 'official' winner by that time. Which again means, how were you able to use my name on air if I am not the winner, without any prior approval or permissions?

In conclusion, I find any result, other than me remaining as the official winner of the contest, unacceptable. This includes receiving all prizes (gift certificates) as stated in the contest description or equitable monetary compensation by February 23, 2004. This gives you approximately 21 business days. Please communicate to me in writing prior to the deadline, when you are prepared to meet the results described. If results described are not met, all past and future correspondence will be communicated to both sponsors of "The Great Living Room Giveaway" to inform them of my dissatisfaction.

Store Manager and Owner, Mall Furniture, 113 West 9th Street, Marshfield, WI 54449
Store Manager and Owner, CarpetsPlus of Wisconsin, 3305 Rib Mountain Drive, Wausau, WI 54401

If I find that the result is unacceptable, consider the consequences and govern yourself accordingly.
_________________________________________________

Question 1: Do their rules allow them to change rules even after the contest has ended and they have announced me as the winner (57 hours after the end)?

Question 2: They have already starting promotion of the 'new' winners name on air and online. Do I have any recourse? People are continually asking me why I am not the winner any more? They immediately ask, "Did you cheat?" The radio station added a new rule after they announced the new winner stating, "Contestants may only use one open browser window to play web-based game. using more than one browser window constitutes cheating and will invalidate eligibility of the contestant."

Question 3: Is there any chance if I do take them to (small claims) court that they could have a countersuit against me for anything (revenue loss, etc...)? How about if I were to write Open Letters in the communities they conduct business (possible libel)?

Any and all help is appreciated. I truly believe I did not cheat. Maybe played differently than most, but well within their 'original' rules.

I told you I can ramble on and on and on....

THANKS!

 

[Michael Wechsler]

From reading what you wrote, it would seem that they have no recourse if their rules did not prohibit you from doing what you did, even though they realize a hole later. This is an interesting case and I'll have to look at sweepstakes/contests law to see what remedies you might have in addition to another remedy -- it wouldn't be slander/libel (defamation) because they didn't commit such an act. It could be a breach of contract (they obtained permission to use your name) or intent to cause emotional distress (a tort)...

Looking at what you wrote, I think it should be rather effective. I might have changed a few things but, for a non-lawyer it is excellent and provides great impact and lets them know that (a) they have taken something from you and promoted you, (b) you were disqualified well after a time period within which they could have done a reasonable investigation of any objections, (c) you have been harmed as a result of their negligence or intentional actions, (d) they have a specified time period within which to get back to you. This was well done (and you should have sent it certified or follow up with a copy as such.) Now it's a waiting game to see what they say. A follow up letter should be shorter and state that you will go to court and will not hesitate to make truthful public comment about their wrongful acts -- truth is the absolute defense to libel, but make sure what you are saying is factual and not tained by your ill feelings!

Let us know what happens!!!!! This is very interesting... and best of luck!!!!

Originally posted by $6om
Rather than ramble on about my topic.... I rather just copy and paste me rambling on in a Letter of Demand I sent to a local radio station after they had disqualified me for 'allegedly' cheating in their contest. The only thing I should add prior to this, is that, they also have a rule stating the following: Decision of the judges is final, including their interpretation or modification of contest rules, and their verification of the winner. All decisions or interpretations regarding these rules and any other contest matters, including making new rules, at any time is within the sole authority of WIFC.com and Midwest Communications/WRIG Inc.

Letter of Demand:
_________________________________________________

On January 16, 2004, WIFC concluded a promotion it had been running on its website (www.wifc.com) at midnight. The contest was a game similar to Yahtzee, but was named Chadzee. The winner of this contest was to receive 400 square feet of carpeting, 400 square feet of padding, delivery and installation from CarpetsPlus. They were also to receive a 7-piece living room set including a sofa, loveseat, 2 Steve Silver Company end tables, a Steve Silver Company coffee table and 2 Couster lamps from Mall Furniture.

Upon the conclusion of the contest, my name remained on WIFC's website as the "current leader". Two days later, Monday, January 19, 2004, while listening to "Joe and Trace in the Morning" at approximately 8:55 a.m. they announced that they "finally" had a winner and knew what the winning score was. They announced my name as the winner; along with my score and stated that they would be contacting me the next morning.

In my excitement, I called the studio line. We discussed briefly what I had won and a little about my strategy while playing. That was the end of my conversation. With this being said, almost 57 hours after the conclusion of the contest, I was announced to the general public as the winner. Immediately following the announcement, I began to receive calls from friends and family congratulating me; sharing in my excitement. The excitement and congratulatory remarks continued throughout Monday and Tuesday as word spread. When you live in a smaller city and work at one of the largest employers in Central Wisconsin, good news travels fast.

I also called the WIFC business line around 2:00 p.m. on Monday afternoon to discuss what paperwork I may need to fill out. The person I spoke to stated that the secretary was out and that she would be giving me a call back. He was "sure" there was paperwork I would need to take care of. We are now over 62 hours past the conclusion of the contest and I continue to be treated as the winner of the contest.

Upon receiving your call on Tuesday at 2:51 p.m. (almost 87 hours after the completion of the contest and 18 hours after being announced the winner), I was informed that I was disqualified for "cheating". Upon inquiring how I cheated, you informed me that, "they have proof from our web department that you didn't play by the rules posted…" I inquired which rule I had violated and you informed me that, "some type of program or system was in place to gain points."

I informed you that I did not use any program, software package or script to gain points. I can even take this a step further and state that I played each and every game myself. I will admit that I was playing multiple games at a time (concurrently) rather than playing one game at a time (consecutively). Nowhere in WIFC's rules does it state that this is a violation. WIFC's own instructions on the website stated, "To Win, just play WIFC.com's Chadzee Game, and accumulate the Highest Overall Score (in multiple games) by the end of the promotion!!" A reasonable person could, as I did, interpret this as the ability to play more than one game at a time.

According to WIFC's own Contest Rules, "By participating in the contest, winner grants authority to WIFC.com and Midwest Communications/WRIG Inc. to publish his or her name and voice on WIFC.com for promotional purposes." Since I had not granted any other permission prior, I must have been officially declared the winner, being that my name was announced on-air. This also means that this was a final decision by the "judges" as also stated in WIFC's Contest Rules.

After our further discussions Tuesday, you again contacted me on Wednesday, January 21, 2004 at 4:11 p.m. This was a conference call with WIFC's IT/Web department in attendance. I again wanted to confirm that WIFC's IT/Web staff was aware that I had not used any automation software. I also inquired why they hadn't put in place a simple restriction to only allow users to sign into a game one at a time; if that was their intent of how the game was to be played (contrary to the instructions discussed in a previous paragraph). They stated they were aware of this and are now working on it.

We also discussed the topic of "Joe and Trace in the Morning" pronouncing me as the winner of the contest and also announcing my final score. When I had asked you earlier how they got my score, you stated, "They got it off of the internet, so they could announce the winner during their show." When I confronted you again today about this topic, since scores were not published on the internet, you corrected yourself and stated that they received an email. This was set-up prior to the conclusion of the contest so that they would be able to announce the winner during their morning show. This also means that you and/or WIFC's IT/Web staff were well aware that they would be announcing the 'official' winner on Monday morning, yet you tell me that you did not declare a 'official' winner by that time. Which again means, how were you able to use my name on air if I am not the winner, without any prior approval or permissions?

In conclusion, I find any result, other than me remaining as the official winner of the contest, unacceptable. This includes receiving all prizes (gift certificates) as stated in the contest description or equitable monetary compensation by February 23, 2004. This gives you approximately 21 business days. Please communicate to me in writing prior to the deadline, when you are prepared to meet the results described. If results described are not met, all past and future correspondence will be communicated to both sponsors of "The Great Living Room Giveaway" to inform them of my dissatisfaction.

Store Manager and Owner, Mall Furniture, 113 West 9th Street, Marshfield, WI 54449
Store Manager and Owner, CarpetsPlus of Wisconsin, 3305 Rib Mountain Drive, Wausau, WI 54401

If I find that the result is unacceptable, consider the consequences and govern yourself accordingly.
_________________________________________________

Question 1: Do their rules allow them to change rules even after the contest has ended and they have announced me as the winner (57 hours after the end)?

Question 2: They have already starting promotion of the 'new' winners name on air and online. Do I have any recourse? People are continually asking me why I am not the winner any more? They immediately ask, "Did you cheat?" The radio station added a new rule after they announced the new winner stating, "Contestants may only use one open browser window to play web-based game. using more than one browser window constitutes cheating and will invalidate eligibility of the contestant."

Question 3: Is there any chance if I do take them to (small claims) court that they could have a countersuit against me for anything (revenue loss, etc...)? How about if I were to write Open Letters in the communities they conduct business (possible libel)?

Any and all help is appreciated. I truly believe I did not cheat. Maybe played differently than most, but well within their 'original' rules.

I told you I can ramble on and on and on....

THANKS!

 

[s6om]

I appreciate the quick response.

I did send it certified, in fact, I sent it Restricted Delivery (to be certain each appropriate party received their letter).

I also appreciate hearing that I may actually have a case. You were correct in stating that I have ill feelings (but then again, who doesn't when they feel they were wronged) and I am trying to do my best in keeping this separate from any correspondence I may have with them. This truly has started to be more on principal for me rather than for the prizes. With more and more people approaching me and inquiring why I am no longer the winner, I am becoming extremely frustrated that this was made public.

Again, thank you very much. I will be sending out the more concise letter within the next two weeks and I will keep you posted on the progress!!!

 

[Michael Wechsler]

Definitely let us know the outcome! I'd like to point out one thing here -- don't always think of lawsuits but also settlement and the bad press this radio station would receive if its disqualification of you was in any way questionable or due to their own errors or negligence in setting up the rules properly. You might want to raise that issue to them, should it come to discussion, and let them know that you have no problem discussing their contests being unfair or partial with whomever asks, including competing radio stations. In fact, their brief, vague communication to you is "all the ammunition you need" and you don't even have to state any more because of how ridiculous their letter appears. Sounds like sloppiness to me and perhaps they might see the error of their ways and just admit to it and keep it indoors...

The thought of bad PR may very well go through with what you want, reinstate you as a winner, etc. You may want to bring up the 'no harm no foul' issue but if they appoint someone else winner and you look the fool... well, then you are at the point of no return. Don't take a hard line, just a firm one! Good luck and let us know what happens!

Originally posted by $6om
I appreciate the quick response.

I did send it certified, in fact, I sent it Restricted Delivery (to be certain each appropriate party received their letter).

I also appreciate hearing that I may actually have a case. You were correct in stating that I have ill feelings (but then again, who doesn't when they feel they were wronged) and I am trying to do my best in keeping this separate from any correspondence I may have with them. This truly has started to be more on principal for me rather than for the prizes. With more and more people approaching me and inquiring why I am no longer the winner, I am becoming extremely frustrated that this was made public.

Again, thank you very much. I will be sending out the more concise letter within the next two weeks and I will keep you posted on the progress!!!

 

[s6om]

Well, they responded to my letter of demand... basically, they (or I should say, their contracted law firm) told me to go " " myself!

I sent them a follow up letter, just reminding them that I am serious about taking this to small claims. I also informed them that I will file a complaint with the FCC because the did not clearly disclose the material terms of the contest (a clear violation of the Code of Federal Regulations ~73.1216). I set a fairly short deadline (one week) and they never did reply.

So, here I go onto the next level. I want to send a discovery request (which I understand is okay in Wisconsin in small claims). Can I request any and all of their email correspondence concerning my disqualification in the contest? Also, once I file my Small Claims Complaint form, how long do I have to get the discovery request out? Is there a time limit?

If that isn't allowed, I think I have plenty of other discovery request items to support my case (and keep them busy for quite awhile ).

By the way, again, I truly appreciate all the info that this board has supplied. Makes me wish I had taken a different career path... I am almost enjoying the process of litigation! It's challanging!

 

[Michael Wechsler]

Originally posted by $6om
Well, they responded to my letter of demand... basically, they (or I should say, their contracted law firm) told me to go " " myself!

I sent them a follow up letter, just reminding them that I am serious about taking this to small claims. I also informed them that I will file a complaint with the FCC because the did not clearly disclose the material terms of the contest (a clear violation of the Code of Federal Regulations ~73.1216). I set a fairly short deadline (one week) and they never did reply.

So, here I go onto the next level. I want to send a discovery request (which I understand is okay in Wisconsin in small claims). Can I request any and all of their email correspondence concerning my disqualification in the contest? Also, once I file my Small Claims Complaint form, how long do I have to get the discovery request out? Is there a time limit?

If that isn't allowed, I think I have plenty of other discovery request items to support my case (and keep them busy for quite awhile ).

By the way, again, I truly appreciate all the info that this board has supplied. Makes me wish I had taken a different career path... I am almost enjoying the process of litigation! It's challanging!

Actually... you can use the small claims court information subpoena to accomplish very powerful tasks. You can demand copies of their e-mail correspondence concerning disqualification from the contest but I would extend that further to any records, electronic or otherwise concerning you. You may wish to extend the discovery beyond just email but also written records, audio, any electronic records that pertain to the contest, the new winner of the contest as well -- remember that part of the issues here concern how the station created their rule system.

It is at the time of discovery that things might get a little challenging for the station. As a matter of law, by default the producing party is required to pay for the production of the evidence. This will take them time and money to produce and your discovery request, if tailored appropriately, can take them some time. It could also be damaging. We'll begin to see just how far they are willing to take this.

Did the attorney make any other claims other than for you to do what you have to do?

 

[s6om]

Here is their exact letter that they responded with:

This correspondence is in response to your letter dated January22, 2004, written to my client, Midwest Communications, Inc. The purpose of this letter is to inform you that you are not the official winner of the Chadzee game which was sponsored by WIFC for the reasons stated below. As a result, you will not be receiving any prizes, gift certificates, or monetary compensation as you requested.

According to the Chadzee rules, which you had full access to at any point in time while playing the game:

"13. WIFC.com is not responsible for prizes awarded erroneously by software or hardware or by improper play.

14. Usage of scripts, software or other methods of cheating in web-based games will invalidate eligibility of contestant.

15. Decision of the judges is final, including their interpretation of modification of contest rules, and their verification of the winner. All decisions or interpretations regarding these rules and any other contest matters, including making new rules, at any time is withing the sole authority of WIFC.com and Midwest Communications/WRIG Inc."

As you can see, the rules of Chadzee prohibit any form of cheating. The Chadzee rules specify that the judges have full authority to interpret the rules and any such interpretation on behalf of the judges is final. Thus, the judges had authority to interpret meaning behind the phrase "other methods of cheating." The judges in this case have determined that your "technique" in playing Chadzee is "cheating." Thus, the judges have determined you are not an eligible contestant in the Chadzee game.

In addition, the rules specify that the judges have authoirty to verify the official winner and name that official winner. Any decision by a judge in this case is final, including the decision on the awarding of prizes. Therefore, the judges had authority to verify and name another person besides you as the Chadzee grand prize winner.

Furthermore, the judges do not feel you played the Chadzee game according to the instructions posted on the WIFC website. The Chadzee instructions specifically say that the game of Chadzee consists of 13 rounds. You played the game of Chadzee by reaching a certain round, and when nearing the end of the round, opened multiple additional browsers to play the same round on these multiple browsers to gather additional points. your scores from these multiple browser games were carried over into the final score. Therefore, your final Chadzee score incorporated more than just 13 rounds of Chadzee scores. It is clear that you did not play according to the Chadzee instructions or rules. It is the modern day equivalent of tilting the pinball machine when you are about to loose the last ball. It was not intended as the way to play the game, and you will not be rewarded for taking this action.

We hope that this letter explains our reasons for not awarding you the prizes of the Chadzee game. The judges have determined that your technique in playing Chadzee was cheating, and the judges had full authority to make that decision and to name another winner.

If you have any further comments or questions on this matter, you are instructed to direct them to me in writing.


___________________________________

I disagree with many of their statements... but if I didn't I guess I wouldn't be taking it this far.

So, once I file in small claims, I guess I will begin what you all call discovery and see if they are willing to go the distance on this????

 

[Michael Wechsler]

Interesting -- you can file in small claims but I wonder if you will win if they show that you had multiple browsers open to gain points on one game as they claim. A judge may not feel so inclined to award you with a victory if he feels that you 'cheated.' You can certainly try and use discovery methods but think about your investment in time as well. Additionally, think about what you are looking for and why it would help you make your case. If I were corporate counsel, I might feel pretty good about my position if what they said about how you won is true.

Pretending I'm a judge, why do you feel that you didn't circumvent the rules? Were they pretty clear as to how the game was to be played?

Originally posted by $6om
Here is their exact letter that they responded with:

This correspondence is in response to your letter dated January22, 2004, written to my client, Midwest Communications, Inc. The purpose of this letter is to inform you that you are not the official winner of the Chadzee game which was sponsored by WIFC for the reasons stated below. As a result, you will not be receiving any prizes, gift certificates, or monetary compensation as you requested.

According to the Chadzee rules, which you had full access to at any point in time while playing the game:

"13. WIFC.com is not responsible for prizes awarded erroneously by software or hardware or by improper play.

14. Usage of scripts, software or other methods of cheating in web-based games will invalidate eligibility of contestant.

15. Decision of the judges is final, including their interpretation of modification of contest rules, and their verification of the winner. All decisions or interpretations regarding these rules and any other contest matters, including making new rules, at any time is withing the sole authority of WIFC.com and Midwest Communications/WRIG Inc."

As you can see, the rules of Chadzee prohibit any form of cheating. The Chadzee rules specify that the judges have full authority to interpret the rules and any such interpretation on behalf of the judges is final. Thus, the judges had authority to interpret meaning behind the phrase "other methods of cheating." The judges in this case have determined that your "technique" in playing Chadzee is "cheating." Thus, the judges have determined you are not an eligible contestant in the Chadzee game.

In addition, the rules specify that the judges have authoirty to verify the official winner and name that official winner. Any decision by a judge in this case is final, including the decision on the awarding of prizes. Therefore, the judges had authority to verify and name another person besides you as the Chadzee grand prize winner.

Furthermore, the judges do not feel you played the Chadzee game according to the instructions posted on the WIFC website. The Chadzee instructions specifically say that the game of Chadzee consists of 13 rounds. You played the game of Chadzee by reaching a certain round, and when nearing the end of the round, opened multiple additional browsers to play the same round on these multiple browsers to gather additional points. your scores from these multiple browser games were carried over into the final score. Therefore, your final Chadzee score incorporated more than just 13 rounds of Chadzee scores. It is clear that you did not play according to the Chadzee instructions or rules. It is the modern day equivalent of tilting the pinball machine when you are about to loose the last ball. It was not intended as the way to play the game, and you will not be rewarded for taking this action.

We hope that this letter explains our reasons for not awarding you the prizes of the Chadzee game. The judges have determined that your technique in playing Chadzee was cheating, and the judges had full authority to make that decision and to name another winner.

If you have any further comments or questions on this matter, you are instructed to direct them to me in writing.


___________________________________

I disagree with many of their statements... but if I didn't I guess I wouldn't be taking it this far.

So, once I file in small claims, I guess I will begin what you all call discovery and see if they are willing to go the distance on this????