DishNetwork - Dead Yourself Sweepstakes - Is it legal?

[damnyankee2]

This sweeps, like most other DishNetwork sweeps, REQUIRES you to be a subscriber in good standing. The first line of their rules state "No purchase necessary". If you are a subscriber in good standing, are you not making a monthly payment (purchase)? Therefore you ARE REQUIRED to make a purchase. Is this legal? What do you think?

 

[deerwalker]

I ask this question about a similar sweepstakes to a lawyer friend. He told me in his opinion it was very borderline. It is one of those that follows the limit of the law but not the spirit.

Here is the part of the rule that is confusing and up to question.

This Sweepstakes is open only to legal resid
ents of the fifty (50) United States or the
District of Columbia who are at least eighteen (18) years old and the age of majority in their jurisdiction of
residence, who are current DISH customers in
good standing as of February 18, 2013. This
Sweepstakes is void in all U.S. territories (incl
uding Puerto Rico), possess
ions and overseas.

If you notice Dish says you must be a customer on the date the sweep started.Since you are already a customer you were not required to make a purchase. The monthly payment you make is for a contract you entered before the contest not a payment to enter the contest. Under this rule a person could be a customer in good standing on September 18 drop Dish in October and still be eligible.

My friend told me a judge might or might not rule that Dish is correct on their thinking but the only sure way to find out would be by to sue. The only people who would win any damages would be a person who had won and was declared ineligible.Most likely they would never know they had won.

I use to send emails and letters complaining about these types of rules to the companies now I just skip.

I hope I was clear on the information of my friend's views.

Bruce

 

[badgercontest]

Same deal with those Sears VIP only sweeps. In the FAQ's it says something like 'VIP costs nothing as long as you qualify'. Then how do you qualify? By spending $2,500+ yearly at Sears. LOL

 

[amyshulk]

I ask this question about a similar sweepstakes to a lawyer friend. He told me in his opinion it was very borderline. It is one of those that follows the limit of the law but not the spirit.

Here is the part of the rule that is confusing and up to question.

This Sweepstakes is open only to legal resid
ents of the fifty (50) United States or the
District of Columbia who are at least eighteen (18) years old and the age of majority in their jurisdiction of
residence, who are current DISH customers in
good standing as of February 18, 2013. This
Sweepstakes is void in all U.S. territories (incl
uding Puerto Rico), possess
ions and overseas.

If you notice Dish says you must be a customer on the date the sweep started.Since you are already a customer you were not required to make a purchase. The monthly payment you make is for a contract you entered before the contest not a payment to enter the contest. Under this rule a person could be a customer in good standing on September 18 drop Dish in October and still be eligible.

My friend told me a judge might or might not rule that Dish is correct on their thinking but the only sure way to find out would be by to sue. The only people who would win any damages would be a person who had won and was declared ineligible.Most likely they would never know they had won.

I use to send emails and letters complaining about these types of rules to the companies now I just skip.

I hope I was clear on the information of my friend's views.

Bruce

They follow the letter but not spirit of the law, so while it sure *seems* like it should be illegal, there's a wiggle rule - they don't require an actual purchase, just "...DISH Network customers in good standing for the duration of the entry period" so it's like any demographic restriction, like age.

 

[lokigsd]

I would think that saying, "No purchase necessary" but then saying, "Customer in good standing" is a conflict of interest. You obviously have to purchase something if you are a customer in good standing.

 

[deerwalker]

I would think that saying, "No purchase necessary" but then saying, "Customer in good standing" is a conflict of interest. You obviously have to purchase something if you are a customer in good standing.

The key is Customer in good standing on the date the contest started If I was to go out and get Dish today I still could not enter but if I was a Dish customer when it started I could drop Dish and still enter.

Bruce

 

[amyshulk]

The key is Customer in good standing on the date the contest started If I was to go out and get Dish today I still could not enter but if I was a Dish customer when it started I could drop Dish and still enter.

Bruce

Not quite - you have to stay a customer in good standing thru the sweeps: "who are current DISH customers in good standing as of"

And it's how they get around the no purchase - in fact, as you point out, you can't buy your way in!

They do have one that you don't have to be a member for, but it's almost over - It's a WP, but because it didn't say "Weekly Prize" I missed it when doing my DP/MP/WP searches darn it:


DishNetwork - Hopper iPad Sweepstakes

Enter to win(6 - 1 per week) iPad Mini (ARV $319.99)
Restrictions : US Age Of Majority | Limit : 3 Per Household per day | Added : 02-19-13 | Expires : 03-29-2013 | Hits : 2282 | Rules

Entry Category : Facebook