Being Asked to Send Back a Prize (Major Rant)

keelz23

Member
I need to vent about a crazy experience I'm going through with a sweepstakes win.

Recently, I won a prize that included a framed print and a trip with a stated ARV of $5000. I found similar prints for $50 framed, and the trip was for two nights in a hotel with no meals or anything included. I asked the sponsor if I could just accept the print and not the trip, and they went ahead and sent me the print but didn't have details of the trip at that time. The sponsor eventually got back to me with the details of the flight and hotel the day before, and the plane tickets were $450 and the hotel was $300. So, the fair market value seemed to me to be more like $800. They said they might be able to lower the ARV, and I knew I could adjust my taxes, but a difference of $4200 made me nervous and my husband wasn't really feeling well to go on the trip at such short notice. I again expressed that I didn't want to accept that portion of the prize and the sponsor just said they would cancel my trip.

About a week and a half later, I received an email with a UPS shipping label telling me to send the framed print back at my earliest convenience since I refused the prize. I didn't think it was possible to refuse a prize that I had already received. At no point when I was asking about not accepting the trip did the sponsor say it was required that I go on the trip in order to keep the portion of the prize they had already awarded me.

I had no idea what to say because it was so ridiculous to be asked to send a prize back that I'd already had for two weeks. I feel like if you tell someone they're a winner and send them a prize, you no longer own that item and cannot ask for it back. However, the sponsor is now sending me threatening emails about getting lawyers involved. At this point, I don't want to send it back based on general principle.
What would you guys do? Am I being a jerk?
 
keelz23 - It sounds like the sponsor feels like/thinks that you accepted the print in bad faith, never intending to accept the trip portion & when you didn't respond by acquiescing w/apologies they got insistent.

Which promo is this from & what do the rules say [if anything] on this issue?
If nothing is in the rules, then what does {State/Federal} sweepstakes law say [if anything] on this issue?

Neither rules/laws address this issue? Then the sponsor hasn't a leg to stand on AFAIK.

HOWEVER, boiler plate rules for trips usually DO state the whole prize must be accepted or they will not award or re-award it.



And for ARV/FMV? It helps if they give you an adjusted amount on your 1099 BUT if you have your ducks in a row, it is not the only way to go:

ARV and your taxes {TY to LIDARKSIDE}
 
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