Legal Question in Consumer Law in California

Hi,

I recently took part in an online contest where points would dertermine winners. Points were accumilated for questions answered and refferals to the contest.

The competition rules and guidelines said that I can gain a point for each referral I make and no mention about referrals being capped.

So with this in mind I went about spreading the word and gaining referral entries. I'm pretty certain with the few that entered and my referrals i'd come out top.

However it's recently been reveiled that referrals are capped at 10 per a person which means all my effort is wasted.

Is the company allowed to say that I can receive 1 point for each referral without telling me the referrals are capped at 10? Is this not false advertising?

This contest is obviously a marketing strategy for the company and I have certainly let the world know they exist, and likewise other entrants have probably referred more than 10 without any benefit.

Any help and advice would be much appreciated.

Bellow are a copy of the contest Terms and Conditions, Ive blanked areas that may indicate who the company is.

NO PURCHASE NECESSARY TO ENTER OR WIN!

Promotion Description: The '**********' is a contest that begins on ******** AM and ends on ************* AM. By participating in the contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ************* set forth here, which shall be final and binding in all respects. Entrants should look solely to ********* with any questions, comments or problems related to the contest.

Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities"), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the contest or win a prize.

Winner Selection: The winner will be the participant with the most points accumulated by the end of the contest. With any ties the winner will be selected in a random drawing among those with the same score. The random drawing will be conducted using random.org. Winner will be notified by email at the email address provided in the Entry Information on or about 24 hours after the contest ends. Potential winner must accept a prize by email as directed by Sponsor within 48 hours of notification. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor.

Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. The Prize awarded will still include our normal warranty. (This is the part where we say we basically don't have to do anything we say we're gonna do, but we will skip that part, because we do what we say. If you win, you win, and what you see is what you get. It will be a glorious day for you with no hidden fees etc.)

Online Entry: Enter the contest during the Promotion Period online by signing into the entry form and perform the tasks provided.

Automated or robotic Entries submitted by individuals or organizations will be disqualified. (Hopefully the robots are reading this) Internet entry must be made by the entrant. You must be from the planet earth. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant's Entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. Sponsor's database clock will be the official time keeper for this Sweepstakes.

Every day will present a trivia question. Getting the answer correct will give you a point or more depending on the day. Totals are separately tallied by us. Also accumulate points by sharing and getting others to enter. Total points will determine the winners!

Privacy: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner's list. We will contact you and confirm it is ok to use your name in announcing the winner.

Facebook Disclaimer: Entrants should understand that they are providing their information to the Sponsor and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

Asked on 3/03/13, 7:15 am

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green
0 users found helpful
0 attorneys agreed

Although not clear it appears they had a limit

You must be from the planet earth. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods...

Stated number of entres implies a limit...

Send them a letter and ask them... The term state Entrants should look solely to ********* with any questions, comments or problems related to the contest.... Look to them and good luck

Read more
3/05/13, 5:33 am

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