An Entry in a Draw Won a Prize, Due to "Reasons" The Prize Has Not Yet Been Provided. What Should/Can The Winner Do?

LFoxJump on 22/03/2018 - 18:55
Last edited 23/03/2018 - 08:32 by 1 other user

Hello

If one enters a game of chance and is advised that they are the winner but has to choose an option prior to their prize being shipped, and:
- there is a delay before the option can be chosen - by the promoter [3weeks]
- there is further a delay of selecting the option, by the winner [1 month after the 3 weeks]
- further delay by promoter occurs (ongoing)

Questions:
- How much time can thereafter elapse before the winner can ask the promoter for a cash payout instead? Regardless of the not-redeemable for cash clause on the game of chance.
- Are there any other options available?
- Can the promoter force the winner to take a prize that is not the option they selected so that they can say the prize was provided?
- Can the promoter force the winner to take a prize that is missing a part, with the promise that the part is to be delivered in the future?
NB: The missing part is not essential to the function of the prize, however, a normal consumer would not knowingly buy a new instance of the item if the part was missing - even if a promise to supply was given.

Thank you
OP.

General Discussion

Comments

  • spackbace on 22/03/2018 - 18:57
    +32

    Man I hate posts like this which don't get specific.

    • FoxJump on 22/03/2018 - 18:59

      Haha - sorry.

      • spackbace on 22/03/2018 - 19:00
        +8

        there is further a delay of selecting the option, by the winner [1 month after the 3 weeks]

        Why would it take you a bloody month to select something? Wouldn't you be excited and want to arrange it ASAP?

        • FoxJump on 22/03/2018 - 20:46
          -6

          Although I am very grateful for the prize (which I don't have yet)
          I would rather the money as I have some expenses coming up this year that will cost me - ie: Wedding - and the money would help a small bit.

          I waited a while to see if I could find any friends that would want to buy the prize off me; and as such I would have allowed them to select the option.

          One friend was keen, but later decided not to.

        • PJC on 22/03/2018 - 21:26
          +2

          @FoxJump: Is it an inflatable doll?

        • FoxJump on 22/03/2018 - 21:33
          +2

          @PJC:

          Haha.
          Well, in the spirit of keeping this thread completely generic; and with the words of Cluedo.

          "I cannot answer"

        • [Deactivated] on 22/03/2018 - 23:17
          +6

          @FoxJump: Most prizes are obtained by promoters at a fraction of the face value, largely for this reason they don't offer cash instead.

          You will get cash if and only if it's easier and cheaper for the promoter than giving you the prize, even then, they may actually be barred from giving you cash.

          There's a non zero chance that in the case of delays you get nothing, certain promotion licences mean after 3 months they can pick a new winner, if you're being deliberately difficult.

          99.999999% of promotions on Facebook are scams to harvest your email address, phone number and name and aren't connected to the real business, even if they very much look like they are with a web of fake profiles.

        • FoxJump on 23/03/2018 - 08:16

          @Bargs:
          The three months have already past and they said the re draw wouldn't apply since it's their delay causing it to overrun.

  • altomic on 22/03/2018 - 20:01
    +4

    What do the competitions terms and conditions say?

    • FoxJump on 22/03/2018 - 20:48

      They have the 3month second chance draw clause, which I have confirmed with the promoter that it does not apply since the delay is their fault and not mine.
      It mentions non transferrable, non redeemable for cash.
      But … I mean, so much time waiting. It's annoying.

  • mskeggs on 22/03/2018 - 20:06
    +7

    It would be very surprising to offer cash instead of the prize. Unless the terms specifically offer that option, you have no right to cash.

    • FoxJump on 22/03/2018 - 20:48
      -2

      D'oh.
      Sadface.

      I was hoping i'd have some claim to cash just to get it over and dusted with. I may just have to wait until the prize is ready … some day.

  • pennypincher98 on 22/03/2018 - 20:25
    +1

    Would a little more detail be too much to ask?

    I haven't seen sufficient evidence to even know if you have actually won a prize or have just 'won' some random promotion from a Nigerian prince on a non reputable website.
    If the promoter is delaying your prize and not given any reason I highly doubt its just going to rock up on your doorstep tomorrow.

    Edit:

    Thank you
    OP.

    LOL really?? Why…

    • FoxJump on 22/03/2018 - 20:52

      Haha, yeah, OP. :)

      I have been confident that the promotion is for reals and the person is who they claim they are. Unless it's a really well orchestrated super-targeted scam. They have not asked for any financial details, and they confirmed my email, number, name. I also checked their email's from-address, and checked that they had a matching facebook profile - including saying where they work, the physical address of the business in their email also matches what is said on the website of the business, and the street view also.

      But - the more it drags, I start to wonder :/

  • pjetson on 22/03/2018 - 21:16
    +3

    Don't "games of chance" need to be registered with a state government authority? If the game is above board, it'll have been registered, and you may be able to talk to that authority about not receiving your prize.

    • FoxJump on 22/03/2018 - 21:17

      Yes. The game actually it was registered. They did have a TPL number.
      I will call the relevant authority and ask. I had not thought of that.

      I guess i'm an Ozbargain first, ask the relevant authority later - kinda person.

    • Sensiekatie on 23/03/2018 - 12:15

      Ths is absolutely true. 5here is a strict set of rules governing this stuff. So report them.

      I was starting a research projec5 in 2015/16 and I was offering a draw to participants in 2 of the studies,

      I ha$ to includ3 a full set of fine print in my consent forms and other places.

      Also, there had to be a a date and lace of the draw as well as 2 independent witnesses.

      Will vary from state to state too.

  • xoom on 22/03/2018 - 22:25
    +3

    How much time can thereafter elapse before the winner can ask the promoter for a cash payout instead? Regardless of the not-redeemable for cash clause on the game of chance.

    The likelihood of you being able to ask promoter is extremely low when it says not-redeemable for cash.

    Are there any other options available?

    Here's an idea. Just tell us what you won and see if anyone here would like to buy it.

  • bobbified on 22/03/2018 - 23:41
    +5

    Remember, you're pretty much getting something for nothing.

    You're complaining about waiting, yet it took you a month to make a selection? Holding out for a month to select a prize in the hope that it'll turn into cash, in my books, is pushing your luck.

    You wanting/needing actual cash is not their problem - take the prize and convert it to cash yourself! That is, sell it!

    • FoxJump on 23/03/2018 - 08:15

      I'm happy to take the prize and liquidate it myself … It's just been a while.

  • sparkles on 23/03/2018 - 00:04
    +11

    You need to get out of your head that you have any chance of a cash payout. You won a PRIZE. If you want to win cash, buy a Tattslotto ticket. Focus on getting the prize you won without being a pain in the ass, and be grateful, because everyone else that entered lost and will get exactly nothing.

    • FoxJump on 23/03/2018 - 08:14

      Fair call

  • Xiaomi on 23/03/2018 - 00:13
    +1

    reading your post gave me aids.

    • FoxJump on 23/03/2018 - 08:13
      +1

      Sorry for the aids

  • FoxJump on 23/03/2018 - 08:17

    Thanks everyone for your opinions.
    I'll sit tight for a bit longer and wait.

  • bremo on 23/03/2018 - 08:48
    +3

    I'm super curious about what you won… anyone else in the same boat? Can you give us a hint?

    • Aussie Smurfette on 23/03/2018 - 10:09

      The need to keep the prize private whilst asking on a public forum is ludicrous in my opinion.
      I see the post as attention seeking or why wouldn’t you share something you want to sell anyway 😳

    • Expie on 23/03/2018 - 10:17
      +1

      I hope it's an actual boat.

    • FoxJump on 10/04/2018 - 18:31
      +2

      It's a car! A small-medium soft-roader.

      They've confirmed it's arriving late this week and I shall pick it up, take photos, and put it up for sale in Sydney.

      So if anyone is keen on buying a medium-yield-investment car that is advertised new at $41000 - at a slight discount then pm me.

      I'm hoping for $38kish (and the buyer would have to pay stamp duty again though .. doh).

      If you're interested in buying, pm me for further details.

      Otherwise, Carsales ad goes up as soon as I have the car in my possession.

      Weeee! Biggest thing I've ever won.

      • bremo on 10/04/2018 - 22:25

        Wow! That is amazing, well done. I would much prefer the cash myself. Best of luck finding a buyer.

        • FoxJump on 10/04/2018 - 23:25

          Thanks. Yes the cash is good for big ticket expenses I have this year.

  • [Deactivated] on 23/03/2018 - 10:06

    Oh I've 'ad similar but not a prize.
    I have sorta complained to food companies in Aust about their quality control of packaging and consumables within with photos of it with bar codes.
    I get answers back stating thank you for that we will look into the matter in the mean time we will arrange a gift card for you.
    Some how that has never ever happened, mmmmmm

    • LordSydney on 23/03/2018 - 15:12

      I think that’s rather common. Probably the easiest way to placate bitching customers. It’s happened to me on numerous occasions.

  • Sensiekatie on 23/03/2018 - 12:28
    -1

    I don’t know if this applies - but some competitions are actually designed as marketing incentives to purchase or participate.

    The prize or prizes are actually from an insurance company.

    These are used when they hope no one will win or fewer will win than advertised.

    An example is the golf competitions with “Hole in 1” prize on offer at an event. Other event prizes are the same as well as find a certain code or ticket or whatever in a product. The event stuff is usually for a task/situation that is highly unlikely to occur. So they are insuring in case someone does it.

    So actually, many are never won OR not all prizes are redeemed,

    Just think McDonalds Monopoly. How many people don’t even look at that ticket or bother to collect the properties. For the bigger prizes, there are only that many or he eluisve property to make the set or bonus prize. If it is thrown out - it is never won and that is what they count on.

    Do we ever hear who won these wonderful prizes on most of these?

    • Ken1977 on 23/03/2018 - 15:46
      +1

      That's why with McDonald's you enter the second chance draw, in the hopes of winning an unclaimed prize. So mcdonalds has nothing to count on.

  • veej on 23/03/2018 - 14:10
    +2

    Whenever I've won prizes they just show up when they show up, if you are counting on a prize to get money by a specific date you'll be disappointed.

    They send it when they send it, a few years ago I won a laptop and they swapped it for a different model than what was originally advertised. I had no say in it which was to be expected considering the item was free anyway.

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