gary123 said:
I've got a question and figured some of you radio folks here could help me.
What can a listener do if a station is not delivering on a prize won during an on-air contest. The station says they'd take care of it soon, but never never have.....several months go by...and they don't really return phone calls or emails. What rights do the contest winner have in a situation like this. What advice do you have for such a person? Thanks. Gary123
OK, I’ll bite. First off, I've been a broadcaster most of my life. Also, I'm not a lawyer, but a student of the law. This is general information and shold not be considered legal advice in any stretch of the imagination. Use at your own risk.
Gary, I need to know a little more about what you “won”. Bear with me, if you will. I need to ask a couple of questions that may seem inconsequential, but your responses will help me in crafting some “free” advice or, if nothing else, perhaps, some suggestions.
What did you win? A CD, a Big Mac, a trip, a car, cash?
How did you win the prize? Did you “call in to win”? Did you enter some sort of drawing? Did you win this prize using some kind of skill? We’re you competing with others for this prize?
Was this prize offered exclusively by the radio station or was it in conjunction with an advertiser or music label?
If the prize is of nominal value (little or nothing) your chances of bringing pressure on the station is just about nil. If this prize is worth $50 to $100, you may have some avenues of opportunity. If the prize is like a cruise or a car, I have some other suggestions. Further, if a third party, like an advertiser or other entity, there’s an opportunity there.
First thing I would suggest is to gather your information and write a letter, not an email, but a letter, to the General Manager of the station. Do not waste your time with jocks, promotion directors or “assistant” anythings. The reason for this is to follow normal, established routes of business communication. This may help later if you chose to pursue legal action later. In this letter, introduce yourself; indicate that you won this contest on this date and from which personalities. Be as precise as you can as to time and date. Tell the General Manager that you want to bring this situation to his/her attention. Politely ask for the GM to look into the situation and indicate that you would like the courtesy of a response. Keep the tone of your letter business-like and do not, DO NOT, threaten to do anything. Just keep it civil. Send the letter as a registered letter, return receipt requested. The Post Office can help you with this. This may be all you need to do.
If you do not receive a response in a reasonable amount of time (my preference is 10 business days), you may want to follow up with a little “stronger” letter. Remind the GM that you did, indeed, win a prize and that you’ve waited a reasonable amount of time to receive it. Also note in your letter that you “have other avenues available to you” but you would rather give the station the benefit of the doubt, and handle things in a civil and business-like manner.
Now, here’s where the size of the prize matters. If it’s a Big Mac, or a cheesy CD, cut your losses, and just tell everyone what happened to you.
If your prize is more substantial, lets say, anything over $100, consider taking them to Small Claims court. Most jurisdictions allow you to represent yourself (assuming you’re over 18) and sue for the prize or the value of the prize. In the State of Indiana, were I am, you can sue for up to $6,000, the limit in your area will most likely be different. Usually filing fees are less than $35. Be sure to have you ducks in a row, and this is where a recording could help. Again, it’s up to you.
One last thing. If an advertiser or third party is involved, consider involving them. If you write a letter to the station’s GM, copy the advertiser. Imagine you are an advertiser on the station and you get a demand letter like we’ve talked about. This will allow you to “leverage” your position with the station.
Be persistent but do not stalk. Do not go to station remotes and cause a disturbance. Do not make threats you cannot, or should not, carry out.
As a last resort you may want to contact local TV media, but that can make you look like a sore loser. Also, don’t count on the FCC to help you. While they take a dim view of deceptive contesting, they will almost always not get involved in forcing a station to perform in resolving what is really a civil matter.
Best of luck.
