Stayed 100 percent within rules, but disqualified. Is there any recourse?

[scottcw]

Hi,

New poster but lurked on this site before. I am currently in a frustrating situation where I entered a sweepstakes. I read the rules and even reached out to the company twice, and (you'll have to take my word on this) I was 100% within the rules of the sweepstakes. I spent a lot of time manually entering thousands of entries over several days, and then the digital marketing team running the promotion said my entry frequency or volume looked automated and notified me that I would be disqualified.

I just wanted to have my votes counted fairly as with everyone else that entered legally, but I seem to have exhausted that option escalating and reaching out to their corporate HQ which has been rather responsive but unhelpful in getting me my entries back (already spent a few hours on the phone with them, and they've followed up with the team running the promo).

With that in mind, is there any recourse for this? I estimated my odds of winning daily prizes and the grand prizes to be fairly high and each day's "work" entering tons of entries had in my estimation a very high expected payout value. Is there anything I can do at this point? Can I sue in either with an attorney or via small claims court? Since I had my votes/prize(s) disqualified, can I sue for the many hours spent entering 100% legally and within their rules and encouragement (they literally said you can enter as much as you want)? To what extent are their rules saying you can only sue for out-of-pocket/non-attorney costs binding, or that they can disqualify anyone for any reason when they're 100% incorrect that I was running automated entries or a bot?

It's also possible they disqualified me in a prior contest as well based on the conversation I had with HQ, again for having large volumes of entries. That one I believe was on their website and had a reCaptcha, so I'm uncertain how they think I "automated" entries there, but I guess at this point I might as well sue for that too.

 

[doll38]

Do you mind telling us which administrator disqualified you? I will avoid them!

 

[scottcw]

Do you mind telling us which administrator disqualified you? I will avoid them!

Thanks for the response, was hoping there were more recommendations of what to do from the group!

Currently trying to determine whether I should sue, as I am fairly peeved about getting multiple verbal confirmations I was OK and staying 100% within the rules (not even gray area), keep on doing what I'm doing, spending a ton of time manually entering, and then getting disqualified. If I decide not to sue, I will happily share the administrator and additional information with the group here...

 

[amyshulk]

Thanks for the response, was hoping there were more recommendations of what to do from the group!

Currently trying to determine whether I should sue, as I am fairly peeved about getting multiple verbal confirmations I was OK and staying 100% within the rules (not even gray area), keep on doing what I'm doing, spending a ton of time manually entering, and then getting disqualified. If I decide not to sue, I will happily share the administrator and additional information with the group here...

You mentioned votes - was this a vote for me type promo?

As far as recourse, the BBB would be the 1st step I'd assume

 

[curmudgeon]

Free advice, including mine, is worth what you pay for it. If you think you have a case, by all means, contact an attorney.

We're reading only one side of the story, so it's presumptuous of us to judge. Assume for example, that the sweep had software that counted your entries at a speed that is impossible for someone manually typing entries to achieve. If this were true, I'd look at the total picture a little differently. Bye the bye, did the rules specify that the entries must be manually typed? The majority of sweeps recognize that form fillers like Dashlane and Roboform don't actually enter you in the sweep. To enter, you must personally visit the sweep website and click on the enter tab. As long as you actually visit sweep website, the fact that you used a form filler to complete the entry form is immaterial to most Sponsors & Promoters. When you log on to the sweep, you're exposed to any marketing material they've placed there, which is what they want. They've invested time and money in the sweep and they have a right to expect a return on the advertising investment.

If you sign a contract or get a receipt for a product of service, you've probably also been given a disclosure that most of us don't read. Contained in the fine print on the contract or notice is a mandatory arbitration agreement. If you’ve bought: a computer, a vehicle, a house, have credit card, insurance, used a cell phone, invested in stocks, got a bank loan, gotten a new job, saw a doctor or any of thousands of similar activities, you've probably agreed to mandatory binding arbitration.

Arbitrators are not required to have any legal training and they don't have to follow the law. You have virtually no right to appeal an arbitrator's decision.

The rules for a sweep is a contract between the entrant and the Sponsor & Promoter. Interpretation of those rules is usually reserved to the Sponsor and Promoter, not the entrant. I suspect that if you read the rules, you'll find that you've agreed to mandatory arbitration. I think that you've also waived your right to files a single action or a class action law suit.

Your case reminds me of an individual who posted on a different site years ago. He complained that he'd sent in hundred of entries daily for a month on an unlimited entry sweep and didn't win. It also reminds me of the Suze Orman sweep a few years ago. It was unlimited entry for a substantial cash prize. People would log in and not log off 'cause if was impossible to get back in. The site crashed so many times it was hilarious. Suze is a financial advisor and she learned her lesson - she hasn't run an unlimited entry sweep since.

 

[scottcw]

You mentioned votes - was this a vote for me type promo?

No, it was regular entries via social media, text messaging, and their website. My iPhone has predictive text, so if I keep texting the same thing pretty quickly my phone has that as one of the three most likely words so I just need to hit that button then hit send. I believe the sheer number of texts manually sent, plus maybe some latency issues may make it impossible for them to tell whether I'm manually entering or automating.

 

[scottcw]

We're reading only one side of the story, so it's presumptuous of us to judge. Assume for example, that the sweep had software that counted your entries at a speed that is impossible for someone manually typing entries to achieve. If this were true, I'd look at the total picture a little differently.

I understand that no one besides me knows for sure that I didn't cheat, but for the sake of argument if I cheated this whole post is moot and I would have no legal or moral grounds upon which to stand.

I think their sweepstakes design is very poor, and makes it impossible for them to know if my entries are valid or not (unfortunately for me, although they also thought my manual entries on a prior sweepstakes with picture reCaptcha was shady too - not aware that those would be beatable in any automated fashion). I'm certain based on # of entries submitted, I'm well in the 95th+ percentile, which was why I asked the company to make sure I didn't waste tons of time manually submitting entries only to get disqualified. In fact, on 2-3 separate incidents when I was inquiring they had employees say that I could keep entering manually and all my votes would be valid and would count.

As I replied to amyshulk in the prior post, I entered through text messages as one of the allowed channels. With predictive texts all I have to do is hit the word and send, repeatedly. Further, with text messages, I've noticed sometimes there seems to be connection issues or lag, and my texts seems to get batched and sent all at once, which would certainly appear to be impossibly faster even than someone hitting two buttons repeatedly.

Bye the bye, did the rules specify that the entries must be manually typed?

The rules state no automated entries. They have a website entry option, but I figured manually entering via text would be faster than repeatedly submitting my info with autofill, answering the picture reCaptcha, submitting and repeating. Other social media entry options would either be similarly slow, or would have the platform impose low limits on how fast I could manually enter.

The rules for a sweep is a contract between the entrant and the Sponsor & Promoter.

I read the rules, and unfortunately there was no arbitration clause. I wish there was one, as I think I could make a very strong case. There was some language attempting to limit what I can do via the courts and they seem to have attempted to protect themselves from as much liability as possible, though I do not know how much legal standing I may have given the one-sided nature of the rules contract and the fact that I entered 100% within their rules and even had several employees tell me what I was doing was also fine, entries would be counted, and to keep doing what I was doing.

Your case reminds me of an individual who posted on a different site years ago. He complained that he'd sent in hundred of entries daily for a month on an unlimited entry sweep and didn't win. It also reminds me of the Suze Orman sweep a few years ago. It was unlimited entry for a substantial cash prize. People would log in and not log off 'cause if was impossible to get back in. The site crashed so many times it was hilarious. Suze is a financial advisor and she learned her lesson - she hasn't run an unlimited entry sweep since.

I sent in thousands a day, but given it was manual entry never did break the 10K mark - though not for lack of trying! I did try one day while texting and watching a couple football games that day. I think I got to around 7k.

Do you recall how those specific incidents were resolved? Trying to figure out options. I'm wondering if trying to get attention via a national newspaper or well followed blog may be my best bet, plus filing complaints with state and federal regulators.

 

[amyshulk]

scottcw - I & others have used a sponsors FACEBOOK page to get a quick response/resolution

I'd just do a search for the sponsor and post [nicely] to their WALL or [even better IMO] under their latest post to see if you can get a resolution/connected w/someone who can help you

 

[curmudgeon]

The regulatory agency is the Federal Trade Commission (FTC) - - https://www.ftc.gov/

You might also complain to the State Attorney General of the State where the Promoter is located and your own State Attorney Genereal.

Their are typically two companies involved in a sweepstakes - 1) the Sponsor - provides the prize and contracts with and pays the - 2) Promoter who designs, manages and promotes the sweep. Sweepstakes laws vary from State to State and there are Federal laws as well. Most Sponsors aren't familiar with the various laws, so they contract with a Promoter like Hello World. The rules usually disclose the names of the Sponsor and Promoter/Administrator. I suspect you've been dealing with the Promoter. As Amy said, at this point, a Facebook post and an email to the Sponsor may be justified.

What is the name of the sweep and can you post a link (URL) to the rules? It's always easier to help if we have access to the rules.

 

[amyshulk]

as always good info curmudgeon!

The regulatory agency is the Federal Trade Commission (FTC) - - https://www.ftc.gov/

You might also complain to the State Attorney General of the State where the Promoter is located and your own State Attorney Genereal.

Their are typically two companies involved in a sweepstakes - 1) the Sponsor - provides the prize and contracts with and pays the - 2) Promoter who designs, manages and promotes the sweep. Sweepstakes laws vary from State to State and there are Federal laws as well. Most Sponsors aren't familiar with the various laws, so they contract with a Promoter like Hello World. The rules usually disclose the names of the Sponsor and Promoter/Administrator. I suspect you've been dealing with the Promoter. As Amy said, at this point, a Facebook post and an email to the Sponsor may be justified.

What is the name of the sweep and can you post a link (URL) to the rules? It's always easier to help if we have access to the rules.

 

[scottcw]

The regulatory agency is the Federal Trade Commission (FTC) - - https://www.ftc.gov/

You might also complain to the State Attorney General of the State where the Promoter is located and your own State Attorney Genereal.

Thanks, will look into doing that. Will maybe reach out to some news outlets to see if I can drum up some negative PR for them as well

Their are typically two companies involved in a sweepstakes - 1) the Sponsor - provides the prize and contracts with and pays the - 2) Promoter who designs, manages and promotes the sweep. Sweepstakes laws vary from State to State and there are Federal laws as well. Most Sponsors aren't familiar with the various laws, so they contract with a Promoter like Hello World. The rules usually disclose the names of the Sponsor and Promoter/Administrator. I suspect you've been dealing with the Promoter. As Amy said, at this point, a Facebook post and an email to the Sponsor may be justified.

What is the name of the sweep and can you post a link (URL) to the rules? It's always easier to help if we have access to the rules.

Official rules are here Ultimate Outdoor Giveaway - Official Rules : Cabela's - They do seem to be fairly restrictive on what I can do for recourse. However, they're also both the sponsor and promoter, and they had several employees tell me I was good to go while their marketing team said I was disqualified later. I am still of the opinion that they really haven't thought through how to weed out good or bad entries given the methods allowed, and the fact they thought my prior entries with image reCaptchas were somehow bot entries as well.

I didn't even know reCaptcha had been defeated until I mentioned this debacle to a friend, and he said in India they had services that solved text captchas - ($2 for 1000 solved text captcha or something super cheap. I googled the cost for image captchas however, and the results I found would have been overly cost prohibitive, so I really don't know why they would think someone would set up a bot and pay thousands of dollars to automate thousands of entries for a prize worth a fraction of that cost...

 

[curmudgeon]

They don’t have to prove anything, only “believe”. This is the clause they're using:

"The use of automated entry systems or any other conduct that impedes the integrity of the Sweepstakes is prohibited.; Sponsor reserves the right, in its sole discretion to disqualify any person that Sponsor believes may be tampering with the entry process, the operation of the web site or otherwise, in violation of the rules.; CAUTION:; Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law."

and this one:

"15. DISPUTE RESOLUTION. Except where prohibited, by participating Sweepstakes entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Nebraska without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Nebraska and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you."

No lawsuits, except for out of pocket expenses and you've agreed to waive any class action rights. You've also waived your right to collect damages and Attorney fees. The only out of pocket expense I can think of would be the text message charges on your cell phone bill and you'd have to file suit in Nebraska to recover those.

The complaints to a District Attorney I mentioned are a long shot. They typically go after companies who are misleading or defrauding groups of people. If you could find several other people with the same complaint , then you might get a DA to look at your complaint. In any event, a letter to the DA and the Better Business Bureau with a copy to Cabela’s can’t hurt. Just be careful with what you say, including Facebook. Don’t use any libelous or slanderous statements, just stick to the facts.

Interestingly, I've been entering the same sweep. I can't go on a trip, but I've been entering daily trying for one of the secondary prizes, a Cabela's gift card. One entry per day is all the time I was willing to devote to this sweep. I don’t like unlimited entry sweeps or creative presentations.

 

[scottcw]

Thanks, your guidance is greatly appreciated. Will draft a letter to the agencies you recommended over my holiday break.


I just do not think that the design of the sweepstakes itself is really well designed if they have unlimited entries but certain channels can lead to people automating entries, and at the same time cannot discern whether high volume legitimate entries are valid or not. I just thought they would be fair about it and not disqualify me after all the rules and what their own employees told me.

I also wish sweepstake T&Cs had some form of consumer protection, or at least an arbitration option.

Just feel like I spent a ton of effort with nothing to show for it and limited recourse.