Zeraph

Defintely a very bad business practice as someone outlined above how it's bad for competing businesses since not the stronger that will survive but the less ethical. However, I don't see how the woman should get a 100 grand, although the company should still be fined heavily for it and perhaps even give the money to their competitiors.

Zeraph

I can lie and decieve by telling selective parts of the truth and so can many others. Havn't you ever heard that the best way to lie isn't to? Lying I can see arguing about, but it is painfully obvious they were deceptive.

Demeter

The radio station purposefully gave the impression that she would receive a cash gift. They did this so people would play the contest. They also had intent of substituting the money for a candy bar of the same name.
They fully intented to misrepresent the contest, and in so doing, made money by increasing their listeners.
Their intent was cruel, although most of us would brush it off, that's not a nice rollercoaster to be on. I hope she gets her $$$ and sues for distress & suffering. Corporations think they can get away with anything.

__________________

I am not bound to please thee with my answers.
William Shakespeare

Vincentt

If you think 100 Grand = Candy Bar
Then you would think 100,000 dollars = 100,000 dollars monopoly money?
They never said “real” money, and they never said “USD”.

There is no difference between these.

They are both not funny, and are both lies.

I only wish she could use asshat statements from fark too, and get even more money for mental distress.

__________________
.

Blackthorn

Like the song says...nothing from nothing leaves nothing. Some people get it. Some don't. *shurg*

__________________
What are you willing to give up in order to get what you want?

Fire

Have to come down on the side of the girl on this one- Cumulus broadcasting needs to learn to monitor their people and use some oversite- they essentially fucked themselves here, and based on the postings regarding what they can legally do, they deserve to get what hopefully is comming to them....

__________________
Thought the harder, Heart the bolder,
Mood the more as our might lessens

DEI37

In a previous post, there was a quote and the word "richer" was in it. That settles EVERYTHING right there. Once you say that, you are abotu as close to saying dollars as you can be, without actually saying it. Station is wrong, she's right, she gets the cash. If I was the judge, I'd laugh at the case, too. Although, not for the same reasons you would. I'd laugh at the radio station, take about 2 seconds to come up with the "judgement," and send her out with the money.

__________________
Generally speaking, if you were to get what you really deserve, you might be unpleasantly surprised.

kutulu

The 'logic' thrown around in this thread makes my head hurt. I get the impression that if the station had said '100 in cold, hard cash' and when they got there they could pull the bar wrapped up in 2 $1 bills out of the freezer and it's all cool.

I think the people against her are just sick of lawsuits in general and nothing would be good enough. Either that or people are just plain cruel and like to laugh at another person's misery. It's so obvious that the station was implying that the prize was $100,000. Would they bother running a contest for a candy bar if everyone knew what they actually meant? They could have at least had the decency to tell her right away after she won that it was a fucking candy bar. The fact that they didn't do that shows that not only were they deceptive but downright malicious about it.

I guess I better make that the next time I interview for a job they say x dollars in US currency because you never know when someone might pull a fast one on you.

I love that you guys have no problem grouping the station with the 401 scammers that drain peoples' savings accounts.

Blackthorn

What this situation really amounts to is that one individual decided to sponsor a contest on his own as a practical joke. This is really just high school or even jr. high school bafoonery that's now gone bad because the person who won feels a sense of entitlement to something that was never there to begin with.

I'll bet there were no official contest rules. I'll bet the station didn't know about it. DJ Slick was bored one night on his way to work, stopped to get gas and bought a two liter bottle of diet coke and Nestle $100,000 bar and all of the sudden it came to him ...* que the visionary music* ... Tonight I'm gonna give away one of these babies and make them all think it's what Homer calls DOH! The thing that buys my beer...

Was this a dumb practical joke? Yes. Was this something that Slick should have known better ... you bet. Would this have worked out better for him had I won this contest... absolutely! I'd have been slightly irritated at first like anyone else then I'd realize that I'd been had and then I'd laugh about it. Was this woman done irrepairable harm through this act of mischief? No. Not at all. Was there a breach of contract? No and I'll ask you what contract? Was she led to believe one thing that turned out to be quite different? Yes. And so what? She's none the worse for wear out of this and in fact now that she's pocketed $5000 for her trouble she should unwad her panties and accept this for what it is and move on.

It was a practical joke and that's all. Unfortunately Slick's winner is someone who feels compelled to drive a stake through his heart because she spent two hours listening to his radio show. I guess maybe it says something about the quality of his program.

You're right about that Norreasha. We would normally just do it for free.

__________________
What are you willing to give up in order to get what you want?

Vincentt

The radio station said they have a contest, he told the rules on the radio. That was the contract. By your logic the radio station can say and do whatever it wants always. Every contest is fake, and nothing anyone can do.

When people talk to you they can lie all the want, no no, this will only change you 10dollars on your credit card.. nope we thought you knew in our office 10dollars = 1000 dollars. oopps sorry, no contract.

If you buy this computer we will give you a second for free! Okay I bought it, where is second machine, oh we gave your second to you a second ago, there.. we gave you another. HAHA jokes on you, sorry can't blame him.. he just works here and thought it would be funny.

Ramble ramble ramble, this was wrong, and they can't be left to get away with it.

__________________
.

0energy0

fuckin greedy people. earn the 100 grand u hick! nothing comes free these days.

__________________
Is the juice worth the squeeze?

Hardknock

MMMMMMMOOOOOOOOOOOOOOO!!!!!!

I hear the cows coming home!!!!

Marvelous Marv

My thinking exactly. If any of the people here who think it was okay for the station to offer the candy bar own a business (which I SERIOUSLY doubt), I certainly wouldn't avail myself of their services.

"What, you started a bank account because we advertised free checking? Okay, bring your statement here and I'll check it for you. Yep, looks okay. Now pay your $20 monthly fee."

kutulu

In the morning I heard a DJ on the radio talk about a contest to win 10 grand. He never mentioned US currency, just called it 10 grand. I guess I should call the station and make sure it isn't a 100 grand bar cut into 10 pieces.

pig

After reading all this hoopla, I would say the following: Regardless of whether or not you like the fact that the woman is pursuing this lawsuit or not, or whether you would do the same thing, any misgivings you may have of a cynical nature, or your feelings about expecting something for nothing, the woman would seem to have a strong legal case. Ergo, the dismissal of the DJ, the offer of 5 grand (I do mean $5,000 btw) etc.

I personally do not expect something for nothing, but shit - if I can get it I'll take it. All you naysayers are actually telling me that if someone walked up to you on the street, and offered you $100,000 in cash right there, you wouldn't take it? Being as cynical as all get out, looking around for cameras, etc - you wouldn't take $100,000 for shits and giggles? Hell, I would. Try me.

Second of all, it's a bad policy, in general, to let businesses get away with this kind of shady misrepresentation, or questionable description if you will, for the reasons outlined by several posters above. That's why it's illegal. Think of what would happen if every business deal you entered into had to be meticulously torn apart, above and beyond the normal amount required for loopholes and whatnot within reasonably normal interpretations of the terminology used, but also to figure out how many different alternative interpretations could also be valid? Everything would slow down super duper fast. I'm no contract lawyer, but I know several of them - and every time this kind of horseshit comes up the plaintiff wins. The alternative is not acceptable. I doubt she'll get the full 100k, but she will win the case.

__________________
You don't love me, you just love my piggy style

kutulu

I'm on the lady's side but I don't think the offer of 5k should mean anything to her case. An offer to settle is not an admission of guilt or any responsibility. Nor do I think the DJ being fired means anything either.

Redlemon

The Smoking Gun has scans of the lawsuit filing, if anyone cares to see the details. I didn't find any other up-to-date info.
Radio Candy Stunt Not So Sweet - June 23, 2005

__________________
I can't read your signature. Sorry.

pig

I don't think they're legally binding or anything, I'm just saying that they clearly dismissed the guy or arranged for him to quit to distance themselves from the situation, and the same with the 5k. I'd bet they'd be mentioned in court testimony as evidence that the station was aware that they had breached contract.

__________________
You don't love me, you just love my piggy style

kutulu

I'm sure they will, it wasn't a formal legal settlement so the Judge might allow it. But to me it shows nothing. All I needed was the DJ's blog posting and how they handled the situation.

jimbob

i'm with the people who say if you want something you should earn it. in this case the radio station clearly did not earn the extra listeners their promotion no doubt brought in. if they had told listeners the prize was a candy bar then their audience figures, and therefore their revenue, would have been lower.

as for the woman, she did earn the money. just because she's combined a small amount of skill with a great deal of luck rather than sitting in an office to get her money doesn not mean it wasn't earned. if you're going to go down that road then you'd be paying boxers by the round and making paris hilton give her inheritance away. stop being so jealous and let her enjoy her luck!

xepherys

Maybe she shouldn't have promised anything to her kids until she actually had the money in hand. If I won the Power Ball, I wouldn't even SAY anything to my kids until the money was in the bank. Something can ALWAYS go wrong. No sense making your kids feel badly about it. *boggle*

Also, why does everyone feel entitled to anything? You are never "entitled" to anything that is not already yours, IMHO. Maybe she should just eat the candybar and shut her pie hole.