Can't go against this. Besides, yeah it may dash some people's hopes, but there have been contest mistakes before, and I no longer feel like consumers should feel as entitled as they do.darksakul said:
Taco Bell Apologizes For PS Vita Contest Mistakes
- Thread starter Andy Chalk
- Start date
Now I'll admit I'm an expert in U.S law but this is why a lawsuit would (probably) be unsuccessful here in Australia.
There are three requirements for a legal contract to be formed:
1) Intention
2) Offer/Acceptance (Admittedly this gets a little fuzzy in the case of 'invitation to treat')
3) Consideration
**You can look at the wiki page for Aus Contract law if you're curious**
In this case Taco Bell could argue that the requirement offer/acceptance was not fulfilled as the did actually intend to inform these customers incorrectly that they won a PS Vita. I don't know much about U.S Law but surely a similar principle would apply?
EDIT: ---Also This:
There are three requirements for a legal contract to be formed:
1) Intention
2) Offer/Acceptance (Admittedly this gets a little fuzzy in the case of 'invitation to treat')
3) Consideration
**You can look at the wiki page for Aus Contract law if you're curious**
In this case Taco Bell could argue that the requirement offer/acceptance was not fulfilled as the did actually intend to inform these customers incorrectly that they won a PS Vita. I don't know much about U.S Law but surely a similar principle would apply?
EDIT: ---Also This:
Revolutionary actually has it pretty close to right, though an argument could be made in the opposite direction as well. This is the United States after all, and they'll let you sue for just about anything... and win...
I will say though both my girlfriend and myself both "Won" this contest; myself on the 30th and her on the 31st. The email they sent in "apology" pretty much said that while they've tried to determine who cheaters were, it's just easier to say everyone was and throw those days out the window.
If anyone's interested in the email itself I'd be happy to post it, sans my personal information of course.
I will say though both my girlfriend and myself both "Won" this contest; myself on the 30th and her on the 31st. The email they sent in "apology" pretty much said that while they've tried to determine who cheaters were, it's just easier to say everyone was and throw those days out the window.
If anyone's interested in the email itself I'd be happy to post it, sans my personal information of course.
Can't go throwing out "You win!" then not paying out. It's a problem on the companies end not the "winners" They did nothing wrong. Least they could do is be abit nicer and not just call the entire group cheaters.
Rather or not they should get a vita.. well I honestly dont' know. On one hand you need to honour the contest on the other some tampering did happen.
In the end I don't think any of the winners will care much in a year when no one still uses the thing.
Rather or not they should get a vita.. well I honestly dont' know. On one hand you need to honour the contest on the other some tampering did happen.
In the end I don't think any of the winners will care much in a year when no one still uses the thing.
Excuse me? First off, read your sentence again and then tell me about stupid people.darksakul said:
Guess you've never been on the shit end of the stick as far as big corporations go. Remember when EA was sued for saying Battlefield 1942 was going to be included with new copies of Battlefield 3, and it wasn't? There was a class action, and they did the right thing and gave it out, like they said they would. Now, they could have used their expensive lawyers and fought it, it was only something a guy said in an interview I believe, they could have found a way out of it. But, they did the right thing, and stuck to their word.
Now, I and the rest of these people did everything by the book, were told we won, and then had it yanked away from us. We were told verification was ONLY to make sure you were the right age and not a Taco Bell employee. Also, you were not there for the unreturned emails and calls, the accusations of legit winners being cheaters, the time and effort put into making sure this story got out, so maybe you can see why people would be pissed off.
Taco Bell, mainly the company handing the promotion, Ventura, has the opportunity to do the right thing and give these people their prize, or spend much more money than that would cost in court.
So, is this like the whole gears of war 3 with jack in the box thing? Some greedy a***holes try to take advantage of the contest, and in doing so ruin it for others?
That, pretty much.chronobreak said:
It's a bit ridiculous that Taco Bell thinks that simply re-entering them into the contest is enough. Goes to show just how stupid upper management can be.
The problem is they were never promised a vita. EA Promised that Battlefield 1942 was going to be included with new copies of Battlefield three so when there was no inclusion EA should've been called out on it. Verification can be told to mean only right age and not an employee but if you find out a false winner because of verification then what are you supposed to do just accept it?chronobreak said:
My point is, EA could have found a way out of it (it was just a 'tweet'), with all their lawyers and whatnot, if they really wanted to. They tried to offer a substitution, but they were sued and forced into keeping their word. The whole thing, in some respects, mirrors what is going on with Taco Bell, I'm only using it as a parallel because of the video game connection.verylost said:
There is/was nothing saying these winners are false winners, this is only something they said after the fact. All of these people were told they were winners. If there really were people who attacked the system, they should be prosecuted and obviously not win the contest, but everyone else did everything expected of them on their end. Bought the product, entered the code in the right place, and now the goalposts are being moved.
I guess I can't really understand people siding with the corporation here over the people, but that doesn't mean they are necessarily wrong. It's just my opinion that TB should do what is right, and even smart, by avoiding the bad publicity and using this as a chance for some really good publicity, especially after the whole samonella fiasco.
chronobreak wrote:
""My point is, EA could have found a way out of it (it was just a 'tweet'), with all their lawyers and whatnot, if they really wanted to. They tried to offer a substitution, but they were sued and forced into keeping their word. The whole thing, in some respects, mirrors what is going on with Taco Bell, I'm only using it as a parallel because of the video game connection.
There is/was nothing saying these winners are false winners, this is only something they said after the fact. All of these people were told they were winners. If there really were people who attacked the system, they should be prosecuted and obviously not win the contest, but everyone else did everything expected of them on their end. Bought the product, entered the code in the right place, and now the goalposts are being moved.
I guess I can't really understand people siding with the corporation here over the people, but that doesn't mean they are necessarily wrong. It's just my opinion that TB should do what is right, and even smart, by avoiding the bad publicity and using this as a chance for some really good publicity, especially after the whole samonella fiasco.""
Trouble is that good nature move also shows weakness. If they were indeed hacked, then them giving into the false winners shows that screwing with a contest works and more people will take advantage. Say what you will about big business but they're still humans, and humans can be greedy SOBs regardless of income level.
Not to mention your parallel is off. EA made a concrete promise, they are liable under false advertising. The Taco Bell contest is a contest, no guaranties. Does it suck that they thought they were winners but weren't? Of course. But that doesn't mean we should take arms against Taco Bell just because they happen to be a major business and you seem to have issue with any large company.
(pardon the poor reply format)
""My point is, EA could have found a way out of it (it was just a 'tweet'), with all their lawyers and whatnot, if they really wanted to. They tried to offer a substitution, but they were sued and forced into keeping their word. The whole thing, in some respects, mirrors what is going on with Taco Bell, I'm only using it as a parallel because of the video game connection.
There is/was nothing saying these winners are false winners, this is only something they said after the fact. All of these people were told they were winners. If there really were people who attacked the system, they should be prosecuted and obviously not win the contest, but everyone else did everything expected of them on their end. Bought the product, entered the code in the right place, and now the goalposts are being moved.
I guess I can't really understand people siding with the corporation here over the people, but that doesn't mean they are necessarily wrong. It's just my opinion that TB should do what is right, and even smart, by avoiding the bad publicity and using this as a chance for some really good publicity, especially after the whole samonella fiasco.""
Trouble is that good nature move also shows weakness. If they were indeed hacked, then them giving into the false winners shows that screwing with a contest works and more people will take advantage. Say what you will about big business but they're still humans, and humans can be greedy SOBs regardless of income level.
Not to mention your parallel is off. EA made a concrete promise, they are liable under false advertising. The Taco Bell contest is a contest, no guaranties. Does it suck that they thought they were winners but weren't? Of course. But that doesn't mean we should take arms against Taco Bell just because they happen to be a major business and you seem to have issue with any large company.
(pardon the poor reply format)
I was one of those "winners". Yeah it pissed me off that there was no real comment from taco bell unless you hunt it down on google (I only found out when I went on google to see if anyone else got their stuff and saw how a good number of people who also "won" on Jan 30th got nothing.)Yopaz said:
I got an email couple days ago saying I will be part of the second chance drawing but it is still bullshit!
A question worth asking - does anyone really want a Vita that badly?
It is hard to take a side on this one - if it is true that it isn't Taco Bells fault and someone did hack their system, they shouldn't be liable.
However, I can empathize with the frustration of the "winners" - if you had a winning lottery ticket and you went to cash it in only to have someone tell you that the printer used the wrong paper or something and it was invalid, you'd probably lose your shit and rightfully so.
The ones that should receive the blame are the dickheads who fucked with the website in the first place.
It is hard to take a side on this one - if it is true that it isn't Taco Bells fault and someone did hack their system, they shouldn't be liable.
However, I can empathize with the frustration of the "winners" - if you had a winning lottery ticket and you went to cash it in only to have someone tell you that the printer used the wrong paper or something and it was invalid, you'd probably lose your shit and rightfully so.
The ones that should receive the blame are the dickheads who fucked with the website in the first place.