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Another Promo Suit

Read a wire story out of Los Angeles regarding another disgruntled listener who claims to have been misled by an LA radio station promotion. Seems that the prize was a Hummer, which the station delivered on after the winner did whatever she was supposed to do to win. The payoff occurred as scheduled when a station employee showed in the back of a pickup truck with the Hummer--a toy radio controlled Hummer which the station rep delivered, then left.

No mention of how the promotion was worded or executed. The winner has filed suit against the station for about $60,000, which she claims is the price of a new, full size Hummer.

And so it goes....and goes....and goes.
 
You'd think that, by now, listeners should have learned...

> Read a wire story out of Los Angeles regarding another
> disgruntled listener who claims to have been misled by an LA
> radio station promotion. Seems that the prize was a Hummer,
> which the station delivered on after the winner did whatever
> she was supposed to do to win. The payoff occurred as
> scheduled when a station employee showed in the back of a
> pickup truck with the Hummer--a toy radio controlled Hummer
> which the station rep delivered, then left.
>
> No mention of how the promotion was worded or executed. The
> winner has filed suit against the station for about $60,000,
> which she claims is the price of a new, full size Hummer.
>
> And so it goes....and goes....and goes.
> <P ID="signature">______________
I listen to what I like.
Ratings be Damned.</P>
 
> You'd think that, by now, listeners should have learned...
>
> > Read a wire story out of Los Angeles regarding another
> > disgruntled listener who claims to have been misled by an
> LA
> > radio station promotion. Seems that the prize was a
> Hummer,
> > which the station delivered on after the winner did
> whatever
> > she was supposed to do to win. The payoff occurred as
> > scheduled when a station employee showed in the back of a
> > pickup truck with the Hummer--a toy radio controlled
> Hummer
> > which the station rep delivered, then left.
> >
> > No mention of how the promotion was worded or executed.
> The
> > winner has filed suit against the station for about
> $60,000,
> > which she claims is the price of a new, full size Hummer.
> >
> > And so it goes....and goes....and goes.
> >
>
Radio stations do this all the time. I dont think that guy has a case at all. The station probably anticipated this. If anything, the guy has a case for all the damages he might have gotten from participating.. which could be a days full of work not doing anything but calling to win. I remember someone in Dallas promoted a prize for a 100 grand and the winner got a 100 grand candy bar. Pretty funny.
 
Kentucky

R

> I remember
> someone in Dallas promoted a prize for a 100 grand and the
> winner got a 100 grand candy bar. Pretty funny.
 
> > You'd think that, by now, listeners should have learned...
>
> >
> > > Read a wire story out of Los Angeles regarding another
> > > disgruntled listener who claims to have been misled by
> an
> > LA
> > > radio station promotion. Seems that the prize was a
> > Hummer,
> > > which the station delivered on after the winner did
> > whatever
> > > she was supposed to do to win. The payoff occurred as
> > > scheduled when a station employee showed in the back of
> a
> > > pickup truck with the Hummer--a toy radio controlled
> > Hummer
> > > which the station rep delivered, then left.
> > >
> > > No mention of how the promotion was worded or executed.
>
> > The
> > > winner has filed suit against the station for about
> > $60,000,
> > > which she claims is the price of a new, full size
> Hummer.
> > >
> > > And so it goes....and goes....and goes.
> > >
> >
> Radio stations do this all the time. I dont think that guy
> has a case at all. The station probably anticipated this.
> If anything, the guy has a case for all the damages he might
> have gotten from participating.. which could be a days full
> of work not doing anything but calling to win. I remember
> someone in Dallas promoted a prize for a 100 grand and the
> winner got a 100 grand candy bar. Pretty funny.
>
Sure, hilarious. Maybe the winner doesn't have a case, perhaps she didn't incur any actual damages--but that's not the point. What IS the point is that just because a station CAN pull a deceptive stunt of this nature doesn't mean that it should. There may be those who think doing such as this instance is funny but it looks bad and is bad for the radio industry. Could be my sense of humor is lacking, but a station can and must do better than this.
 
> Read a wire story out of Los Angeles regarding another
> disgruntled listener who claims to have been misled by an LA
> radio station promotion. Seems that the prize was a Hummer,
> which the station delivered on after the winner did whatever
> she was supposed to do to win. The payoff occurred as
> scheduled when a station employee showed in the back of a
> pickup truck with the Hummer--a toy radio controlled Hummer
> which the station rep delivered, then left.
>
> No mention of how the promotion was worded or executed. The
> winner has filed suit against the station for about $60,000,
> which she claims is the price of a new, full size Hummer.
>
> And so it goes....and goes....and goes.
>

It was a radio station in Bakersfield, CA (about 100 miles North of LA Mkt. 82)<P ID="signature">______________
-TAINT HAS SPOKEN-</P>
 
> > Read a wire story out of Los Angeles regarding another
> > disgruntled listener who claims to have been misled by an
> LA
> > radio station promotion. Seems that the prize was a
> Hummer,
> > which the station delivered on after the winner did
> whatever
> > she was supposed to do to win. The payoff occurred as
> > scheduled when a station employee showed in the back of a
> > pickup truck with the Hummer--a toy radio controlled
> Hummer
> > which the station rep delivered, then left.
> >
> > No mention of how the promotion was worded or executed.
> The
> > winner has filed suit against the station for about
> $60,000,
> > which she claims is the price of a new, full size Hummer.
> >
> > And so it goes....and goes....and goes.
> >
>
> It was a radio station in Bakersfield, CA (about 100 miles
> North of LA Mkt. 82)
>
You are correct. Now it's obvious why I'm not a map maker.
 
> Kentucky
>
> R
>
> > I remember
> > someone in Dallas promoted a prize for a 100 grand and the
>
> > winner got a 100 grand candy bar. Pretty funny.


Yeah, except to the so-called winner.

Have you heard of fraud?

Robert, maybe KEOM could giveaway a high school education to those kids who seemed to sleep through classes the first time :).

Examples: A high school junior working in McDonald's did not know who Woodrow Wilson was.

A senior at Berkner (Richardson) High got excited when I pointed out the old School Book Depository as the alleged site of the Kennedy assassination. The kid proclaimed, "Yeah, I've heard about him. Is he still alive?"

Ripley's Believe it ... or not.
 
> > Kentucky
> >
> > R
> >
> > > I remember
> > > someone in Dallas promoted a prize for a 100 grand and
> the
> >
> > > winner got a 100 grand candy bar. Pretty funny.
>
>
> Yeah, except to the so-called winner.
>
> Have you heard of fraud?
>
> Robert, maybe KEOM could giveaway a high school education to
> those kids who seemed to sleep through classes the first
> time :).
>
> Examples: A high school junior working in McDonald's did not
> know who Woodrow Wilson was.
>
> A senior at Berkner (Richardson) High got excited when I
> pointed out the old School Book Depository as the alleged
> site of the Kennedy assassination. The kid proclaimed,
> "Yeah, I've heard about him. Is he still alive?"
>
> Ripley's Believe it ... or not.
>
The radio business is on unstable ground as it is without stations getting into hucksterism and flim-flam tactics leading listeners astray with deceptive promotional tactics. For those who think such is acceptable, that's fine, but it's a naive mindset to judge those who are duped as seeing any humor at all in the situation. Promotions are designed to encourage (or force) listening, be fun to participate in, and make winning easy. Running a scam on the audience is not part of the formula.
 
Say what you will. He probably doesn't have a case, but I think it sucks.

I'd probably end up in jail if that happened to me because I would kick the crap out of the promotions team.

How would you like to win tickets to see your favorite band--try all day, 100+ calls and pouring your heart and soul in doing everything you can into seeing this band?

You win and it turns out to be a piece of paper that has the bands name on it.

It's just like paying $300 to go a major basketball game only to find that your ticket is fake.

When people win prizes, they want their damn prizes. Not to be fooled.

It's not funny and people with real emotions have a right to be pissed.

Now in this case, I don't think the make and model were included in the giveaway promos.
He would have a case if the vehicle's specifications had been mentioned specifically on air.
If they say a brand new 2005 Hummer with _____ engine and 4 wheel drive, then they are at obligated to give away that exact model.
However, if you just say "new hummer," that's an opening for giving away anything that's relatively new and could be called a hummer.
 
> Say what you will. He probably doesn't have a case, but I
> think it sucks.
>
> I'd probably end up in jail if that happened to me because I
> would kick the crap out of the promotions team.
>
> How would you like to win tickets to see your favorite
> band--try all day, 100+ calls and pouring your heart and
> soul in doing everything you can into seeing this band?
>
> You win and it turns out to be a piece of paper that has the
> bands name on it.
>
> It's just like paying $300 to go a major basketball game
> only to find that your ticket is fake.
>
> When people win prizes, they want their damn prizes. Not to
> be fooled.
>
> It's not funny and people with real emotions have a right to
> be pissed.
>
> Now in this case, I don't think the make and model were
> included in the giveaway promos.
> He would have a case if the vehicle's specifications had
> been mentioned specifically on air.
> If they say a brand new 2005 Hummer with _____ engine and 4
> wheel drive, then they are at obligated to give away that
> exact model.
> However, if you just say "new hummer," that's an opening for
> giving away anything that's relatively new and could be
> called a hummer.
>
..or it could be for a free "favor" from air force amy at the bunny ranch, if you catch my drift ;)

I agree with a previous posters, the "terrestial radio business" is on shakey ground as is with listeners for all their merges,destruction of legacy stations and homoginizing of the airwaves without resorting to the shyster business. This reminds me of the old days where radio preachers,broadcasting from some border town with a 10 million watt torch, would sell you "Holy Water" or "Ten Commandment Dinner Plates" for a small cash donation.
 
Harken back to the days when KVIL brought you the contest where you could when a CHEVY for the rest of your life-- this promotion is still going on-- the winner is still alive and is able to go and retreive her vehicle ( I believe through Friendly Chevrolet) every year! NOW we all know that there are probably restrictions on this prize such as a DEMO car would be for dealers and such-- but the fact is.. KVIL ran a promotion that was fun and had the eliments of suspense-- and drama and enthusasim... and to think they could have just as easily gone the "CHEAP" route and gave this winner a HOT WHEELS CAR for the rest of her life!

Stations that run such "scams" are distroying only THEIR Reputations and their base of listenership! IF this scam was to happen here in DFW-- don't you know that not only the local media would be all over it-- but so would the national media.. now since this incident happened in Bakersfield (a 100 miles north of LA and a very low market-- thanks to an earlier post stating that)... this is a blip on the radar scope-- but it's still just plain wrong to dupe the public. Radio counts on that public to survive--- otherwise-- we will all purchase our XM or Sirrus radios and be done with it-- personally speaking-- if I want something like satelite radio-- I am going to plug in my CD's-- but then again-- sometimes my CD's have more personality than what I hear on the air these days!

Just a thought!




> > Say what you will. He probably doesn't have a case, but I
> > think it sucks.
> >
> > I'd probably end up in jail if that happened to me because
> I
> > would kick the crap out of the promotions team.
> >
> > How would you like to win tickets to see your favorite
> > band--try all day, 100+ calls and pouring your heart and
> > soul in doing everything you can into seeing this band?
> >
> > You win and it turns out to be a piece of paper that has
> the
> > bands name on it.
> >
> > It's just like paying $300 to go a major basketball game
> > only to find that your ticket is fake.
> >
> > When people win prizes, they want their damn prizes. Not
> to
> > be fooled.
> >
> > It's not funny and people with real emotions have a right
> to
> > be pissed.
> >
> > Now in this case, I don't think the make and model were
> > included in the giveaway promos.
> > He would have a case if the vehicle's specifications had
> > been mentioned specifically on air.
> > If they say a brand new 2005 Hummer with _____ engine and
> 4
> > wheel drive, then they are at obligated to give away that
> > exact model.
> > However, if you just say "new hummer," that's an opening
> for
> > giving away anything that's relatively new and could be
> > called a hummer.
> >
> ..or it could be for a free "favor" from air force amy at
> the bunny ranch, if you catch my drift ;)
>
> I agree with a previous posters, the "terrestial radio
> business" is on shakey ground as is with listeners for all
> their merges,destruction of legacy stations and homoginizing
> of the airwaves without resorting to the shyster business.
> This reminds me of the old days where radio
> preachers,broadcasting from some border town with a 10
> million watt torch, would sell you "Holy Water" or "Ten
> Commandment Dinner Plates" for a small cash donation.
>
<P ID="signature">______________
Dave Michaels
Davradio Productions
Dallas, Texas</P>
 
> Harken back to the days when KVIL brought you the contest
> where you could when a CHEVY for the rest of your life--
> this promotion is still going on-- the winner is still alive
> and is able to go and retreive her vehicle ( I believe
> through Friendly Chevrolet) every year! NOW we all know that
> there are probably restrictions on this prize such as a DEMO
> car would be for dealers and such-- but the fact is.. KVIL
> ran a promotion that was fun and had the eliments of
> suspense-- and drama and enthusasim... and to think they
> could have just as easily gone the "CHEAP" route and gave
> this winner a HOT WHEELS CAR for the rest of her life!
>
> Stations that run such "scams" are distroying only THEIR
> Reputations and their base of listenership! IF this scam was
> to happen here in DFW-- don't you know that not only the
> local media would be all over it-- but so would the national
> media.. now since this incident happened in Bakersfield (a
> 100 miles north of LA and a very low market-- thanks to an
> earlier post stating that)... this is a blip on the radar
> scope-- but it's still just plain wrong to dupe the public.
> Radio counts on that public to survive--- otherwise-- we
> will all purchase our XM or Sirrus radios and be done with
> it-- personally speaking-- if I want something like satelite
> radio-- I am going to plug in my CD's-- but then again--
> sometimes my CD's have more personality than what I hear on
> the air these days!
>
> Just a thought!
>
> And a good one. KVIL always delivered on its promotional (and other) promises. Chapman said after the "send us $20" money flood that it happened because people trusted KVIL, that they knew "we won't lie to them, we won't jive 'em, we'll do what we say." I remember in the late 80s the station ran a basically "nothing promotion," in which the prize was some insignificant, practically worthless something and it was described as being just that--and listeners still participated in droves, just as if the prize had been worth a million dollars. People don't expect something big for nothing, they just don't want to be led on, lied to, or treated as if they're too stupid to know when they're getting dumped on by a station. Their desire is to enjoy listening to a station and feel good about it. Afraid that isn't the feeling people get anymore listening to terrestrial radio. A man hanging on by a thread doesn't use it as a test to see how sharp his scissors are.

Gordon McLendon had a promotion go bad once, not because it was a scam but because it was so successful. It consisted of numbered prize ping pong balls being dropped from a building downtown. A brisk breeze created a wind tunnel effect and the prize ping pong balls flew everywhere. A near riot erupted as people crawled over cars and each other to catch one. Dallas police quickly informed Mr. Mac that he would NOT be executing any further similar promotions downtown. That may be the origin of the treasure hunt promotion confined to the less populated and more open areas of the county. The KLIF promotion was well intentioned but innocently flawed. The Bakersfield promotion was neither and probably carefully worded in reflecting what the payoff actually was. Not making excuses for the station's conduct, but what people perceive and what the reality of the prize was turned to out to be vastly different. Be nice to see transcripts or hear air checks of the promotion as it unfolded to see what license with the truth the station used.

We now return to your regularly scheduled foresight/hindsight program.

>
> > > Say what you will. He probably doesn't have a case, but
> I
> > > think it sucks.
> > >
> > > I'd probably end up in jail if that happened to me
> because
> > I
> > > would kick the crap out of the promotions team.
> > >
> > > How would you like to win tickets to see your favorite
> > > band--try all day, 100+ calls and pouring your heart and
>
> > > soul in doing everything you can into seeing this band?
> > >
> > > You win and it turns out to be a piece of paper that has
>
> > the
> > > bands name on it.
> > >
> > > It's just like paying $300 to go a major basketball game
>
> > > only to find that your ticket is fake.
> > >
> > > When people win prizes, they want their damn prizes. Not
>
> > to
> > > be fooled.
> > >
> > > It's not funny and people with real emotions have a
> right
> > to
> > > be pissed.
> > >
> > > Now in this case, I don't think the make and model were
> > > included in the giveaway promos.
> > > He would have a case if the vehicle's specifications had
>
> > > been mentioned specifically on air.
> > > If they say a brand new 2005 Hummer with _____ engine
> and
> > 4
> > > wheel drive, then they are at obligated to give away
> that
> > > exact model.
> > > However, if you just say "new hummer," that's an opening
>
> > for
> > > giving away anything that's relatively new and could be
> > > called a hummer.
> > >
> > ..or it could be for a free "favor" from air force amy at
> > the bunny ranch, if you catch my drift ;)
> >
> > I agree with a previous posters, the "terrestial radio
> > business" is on shakey ground as is with listeners for all
>
> > their merges,destruction of legacy stations and
> homoginizing
> > of the airwaves without resorting to the shyster business.
>
> > This reminds me of the old days where radio
> > preachers,broadcasting from some border town with a 10
> > million watt torch, would sell you "Holy Water" or "Ten
> > Commandment Dinner Plates" for a small cash donation.
> >
>
 
Re: Look at who owns the station...

> Read a wire story out of Los Angeles regarding another
> disgruntled listener who claims to have been misled by an LA
> radio station promotion. Seems that the prize was a Hummer,
> which the station delivered on after the winner did whatever
> she was supposed to do to win. The payoff occurred as
> scheduled when a station employee showed in the back of a
> pickup truck with the Hummer--a toy radio controlled Hummer
> which the station rep delivered, then left.
>
> No mention of how the promotion was worded or executed. The
> winner has filed suit against the station for about $60,000,
> which she claims is the price of a new, full size Hummer.
>
> And so it goes....and goes....and goes.

The station that did this is owned by a bunch of non-radio folks... the Farmworker´s Union. They obviously don't spend a lot of time on the logic of programming decisions.
 
> >
> The radio business is on unstable ground as it is without
> stations getting into hucksterism and flim-flam tactics
> leading listeners astray with deceptive promotional tactics.

1. The promotion was on a station that is so rural as to not even city grade Bakersfield, market 82. And it is an enterprise of the Farmworkers Union.

2. Radio revenues as a share of total ad revenues are higher than any time since TV started. 94% of Americans listen to radio weekly. The average listening time is about 20 hours. How is this "unstable?"

> For those who think such is acceptable, that's fine, but
> it's a naive mindset to judge those who are duped as seeing
> any humor at all in the situation.

We are talking about beginners in a very small town with non-radio people in charge. It does not reflect on anything except the fact that out of 13 thousand statins, there are some beginners at some.

> Promotions are designed
> to encourage (or force) listening, be fun to participate in,
> and make winning easy. Running a scam on the audience is
> not part of the formula.

Again, look at where it came from. Beginner's mistake, albeit a dumb one, in a tiny market.
>
 
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