Honouring a competition prize

[anonymous-user]

This is my first thread on the Plead & Sod The Law forum, and I don't know how well developed the law is in this area.

I entered a competition which I won (go me) and for a number of reasons the prize is now being changed, and in some ways is not as good as what was offered in the terms and conditions.

The prize was a long weekend, with A, B, C and X, Y Z. What is now being offered is (I think) a long weekend with A, B, C, a half of an X, a bit of Y and no Z. The monetary value of it may or may not be the same to the competition organisers (I don't know this), but it's objectively not as good.

The terms and conditions say that the prize is non-transferable and no cash alternative will be offered; and also that the promoter may amend, vary or suspend the prize if events occur which mean that their supplying the prize is impossible.

What is the contractual situation on this? I'm assuming agreeing to terms & conditions forms a contract... I once entered another competition which I won (go me) and instead of VIP tickets to Anfield I ended up with an Xbox so I don't really want to be competitionally disadvantaged again if I can help it.

[Voldemort]

ScotHill said:

This is my first thread on the Plead & Sod The Law forum, and I don't know how well developed the law is in this area.

I entered a competition which I won (go me) and for a number of reasons the prize is now being changed, and in some ways is not as good as what was offered in the terms and conditions.

The prize was a long weekend, with A, B, C and X, Y Z. What is now being offered is (I think) a long weekend with A, B, C, a half of an X, a bit of Y and no Z. The monetary value of it may or may not be the same to the competition organisers (I don't know this), but it's objectively not as good.

The terms and conditions say that the prize is non-transferable and no cash alternative will be offered; and also that the promoter may amend, vary or suspend the prize if events occur which mean that their supplying the prize is impossible.

What is the contractual situation on this? I'm assuming agreeing to terms & conditions forms a contract... I once entered another competition which I won (go me) and instead of VIP tickets to Anfield I ended up with an Xbox so I don't really want to be competitionally disadvantaged again if I can help it.

This.

[TwigtheWonderkid]

ScotHill said:

I once entered another competition which I won (go me) and instead of VIP tickets to Anfield I ended up with an Xbox so I don't really want to be competitionally disadvantaged again if I can help it.

My mate won VIP tickets to a game at Anfield, and the buggers tried to change it to VIP tickets to 2 games at Anfield. He complained bitterly but it was no use, he had to go twice.

[scjgreen]

Terms and Conditions are quite clear IMO

[craigsup]

In all honesty, you won something for little input - I'd be happy with what you won and accept it gratefully

[TooMany2cvs]

ScotHill said:

I'm assuming agreeing to terms & conditions forms a contract...

Yep. If you didn't like the Ts & Cs, you could have rejected them by not entering.

[EskimoArapaho]

Voldemort said:

ScotHill said:

This is my first thread on the Plead & Sod The Law forum, and I don't know how well developed the law is in this area.

I entered a competition which I won (go me) and for a number of reasons the prize is now being changed, and in some ways is not as good as what was offered in the terms and conditions.

The prize was a long weekend, with A, B, C and X, Y Z. What is now being offered is (I think) a long weekend with A, B, C, a half of an X, a bit of Y and no Z. The monetary value of it may or may not be the same to the competition organisers (I don't know this), but it's objectively not as good.

The terms and conditions say that the prize is non-transferable and no cash alternative will be offered; and also that the promoter may amend, vary or suspend the prize if events occur which mean that their supplying the prize is impossible.

What is the contractual situation on this? I'm assuming agreeing to terms & conditions forms a contract... I once entered another competition which I won (go me) and instead of VIP tickets to Anfield I ended up with an Xbox so I don't really want to be competitionally disadvantaged again if I can help it.

This.

Nope: the changes/substitutions must still be reasonable.

However, in typical PH fashion, the OP is being coy. Too clever with all that algebra, so it's hard to get an idea of what a court (or the body that oversees competitions in the UK) might think.

[anonymous-user]

Yep I understand the terms and conditions, but would that give them carte blanche to say 'Well we can't provide the prize, so here's a plastic dinosaur instead' with no comeback?

What if a competition had an entry fee, or was a raffle (like the guy who raffled his house), do different laws apply?

I don't want to be like the guy who whinged about his travel vouchers after a week in the desert, but the X Y and Z was the whole reason for the weekend, so I'm half thinking of pulling out as it's a lone trip and miles away.

[regarding the 'X Y and Z', 'lone trip', and 'miles away', no it is not a leisure trip to Bangkok ]

[anonymous-user]

EskimoArapaho said:

However, in typical PH fashion, the OP is being coy. Too clever with all that algebra, so it's hard to get an idea of what a court (or the body that oversees competitions in the UK) might think.

It won't go to court, just trying to get an idea of the principles of it.

To put it in PH terms it's a long weekend to a race track where you and some other car enthusiasts get to drive sportscars around for 12 hours over three days, tutored by an ex-F1 and a current Formula Ford driver, and then sit and talk cars and drink beer in the evenings.

If that changed to just the Formula Ford driver, and only one sportscar for 3 hours, and no other car enthusiasts, but you'd still be there for a long weekend, and couldn't take anyone with you unless you covered their flights and accommodation, and it was 5 hours journey each way, would you still want to go?

[btcc123]

ScotHill said:

EskimoArapaho said:

However, in typical PH fashion, the OP is being coy. Too clever with all that algebra, so it's hard to get an idea of what a court (or the body that oversees competitions in the UK) might think.

It won't go to court, just trying to get an idea of the principles of it.

To put it in PH terms it's a long weekend to a race track where you and some other car enthusiasts get to drive sportscars around for 12 hours over three days, tutored by an ex-F1 and a current Formula Ford driver, and then sit and talk cars and drink beer in the evenings.

If that changed to just the Formula Ford driver, and only one sportscar for 3 hours, and no other car enthusiasts, but you'd still be there for a long weekend, and couldn't take anyone with you unless you covered their flights and accommodation, and it was 5 hours journey each way, would you still want to go?

It maybe that the ex FI driver and the other enthusiasts pulled out when they heard you had won the prize.Have a nice pint of beer on your own.

[anonymous-user]

ScotHill said:

EskimoArapaho said:

However, in typical PH fashion, the OP is being coy. Too clever with all that algebra, so it's hard to get an idea of what a court (or the body that oversees competitions in the UK) might think.

It won't go to court, just trying to get an idea of the principles of it.

To put it in PH terms it's a long weekend to a race track where you and some other car enthusiasts get to drive sportscars around for 12 hours over three days, tutored by an ex-F1 and a current Formula Ford driver, and then sit and talk cars and drink beer in the evenings.

If that changed to just the Formula Ford driver, and only one sportscar for 3 hours, and no other car enthusiasts, but you'd still be there for a long weekend, and couldn't take anyone with you unless you covered their flights and accommodation, and it was 5 hours journey each way, would you still want to go?

Why don't you just say what it is and forget about the analogies? You might get a better response.

[Derek Smith]

It is difficult to say whether the OP has a case on the information disclosed. However if the headline stated the prize promanantly, and it was the or a major reason that people took part, then changes at a later date could well be unreasonable. The ASA can help:

https://www.asa.org.uk/Consumers/How-to-complain.a...

[MrBarry123]

What do you want OP? Compensation to make up for the loss of prize value? For fk sake, unless you've spent a considerable amount of time or money on entering said competition, what right do you have to complain OP?

Also, the T&Cs seem absolutely crystal clear.

[anonymous-user]

I'm anonymising it because it's a publicised competition. It was a skilled entry (ie not a random draw), and the organisation retains the rights to the submission, so yes I want them to uphold their end of the bargain.

The T&Cs are clear, but are they reasonable and legally justified, that's what I'm curious about.

There's a lot of regulation around what is allowed with competitions, draws and lotteries, so I can't believe that an organisation can just renege/downgrade a prize with no comeback. Can't find anything about it on the out-law website or the CAP (Committee of Advertising Practice) website.

[StuTheGrouch]

MrBarry123 said:

What do you want OP? Compensation to make up for the loss of prize value? For fk sake, unless you've spent a considerable amount of time or money on entering said competition, what right do you have to complain OP?

Also, the T&Cs seem absolutely crystal clear.

I don't read the OP's posts in that way. The question is simple- are they able to downgrade the prize in this way?

[court]

[HantsRat]

StuTheGrouch said:

I don't read the OP's posts in that way. The question is simple- are they able to downgrade the prize in this way?

Yes they are.

[TwigtheWonderkid]

HantsRat said:

StuTheGrouch said:

I don't read the OP's posts in that way. The question is simple- are they able to downgrade the prize in this way?

Yes they are.

But only, according to their own wording, "if events occur which mean that supplying the prize is impossible."

I take that to mean a holiday in a place where an earthquake has struck, or a day out at an event where the event gets cancelled. Or similar. So what event has occurred to render the original prize impossible to supply?

[JustinP1]

TwigtheWonderkid said:

HantsRat said:

StuTheGrouch said:

I don't read the OP's posts in that way. The question is simple- are they able to downgrade the prize in this way?

Yes they are.

But only, according to their own wording, "if events occur which mean that supplying the prize is impossible."

I take that to mean a holiday in a place where an earthquake has struck, or a day out at an event where the event gets cancelled. Or similar. So what event has occurred to render the original prize impossible to supply?

Yes - sensible post - to the crux of the issue.

Why can't they supply the original prize OP?

[anonymous-user]

JustinP1 said:

Yes - sensible post - to the crux of the issue.

Why can't they supply the original prize OP?

Good point, I will investigate.

Please refrain from insulting me until I get back.