The Bastard Posted June 17, 2018 Share Posted June 17, 2018 The FB group has a number of members highlighting that the terms and conditions have varied considerably from the initial terms that offered a full refund to all participants. I don't think that the disclaimer in the terms about changes to the T&Cs will be strong enough to insulate the promoter from further legal involvement - there have been a number of past legal actions under English law against promoters who changed T&Cs that were later ruled as unfair, so there is precedent around. Be interesting to see how this one progresses, as on the FB group, it says that some participants have involved the Police. Link to comment Share on other sites More sharing options...
thesultanofsheight Posted June 17, 2018 Share Posted June 17, 2018 42 minutes ago, The Duck of Atholl said: I read the t&c's for this comp when it was promoted. They were absolute billshit with a right reserved to change the rules of the comp as and when the promoter felt like it. It was always highly unlikely the house as ever going to be offered up. Entrants were mugs. It was worth £20. Just goes to show you that in some price brackets you can’t even give away a house in the IOM. Link to comment Share on other sites More sharing options...
The Duck of Atholl Posted June 17, 2018 Share Posted June 17, 2018 12 minutes ago, thesultanofsheight said: It was worth £20. Just goes to show you that in some price brackets you can’t even give away a house in the IOM. It was only worth £20 if the promoter was unequivocally bound to give the house away. You could have driven a coach and horses through those t&c's. Unfortunately as with most things in life people didn't stop to read the small print. Link to comment Share on other sites More sharing options...
thesultanofsheight Posted June 17, 2018 Share Posted June 17, 2018 25 minutes ago, The Duck of Atholl said: It was only worth £20 if the promoter was unequivocally bound to give the house away. You could have driven a coach and horses through those t&c's. Unfortunately as with most things in life people didn't stop to read the small print. It’s £20 .. Link to comment Share on other sites More sharing options...
yootalkin2me Posted June 17, 2018 Share Posted June 17, 2018 I did it, didn't win the house or money, someone else did, good for them, if the someone transpires to be no one then shame on the promoter. Link to comment Share on other sites More sharing options...
thommo2010 Posted June 17, 2018 Share Posted June 17, 2018 I've just read through the terms and conditions and they don't seem to have breached them even if they had that would be a civil issue. No theft has occurred it clearly says if 45000 tickets aren't sold by 31/5/18 then the promoter can decide to give the prize as cash. Just seems people are unhappy they didn't win. Link to comment Share on other sites More sharing options...
Lost Login Posted June 17, 2018 Share Posted June 17, 2018 15 minutes ago, thommo2010 said: I've just read through the terms and conditions and they don't seem to have breached them even if they had that would be a civil issue. No theft has occurred it clearly says if 45000 tickets aren't sold by 31/5/18 then the promoter can decide to give the prize as cash. Just seems people are unhappy they didn't win. Seems that some posting on facebook are reading the T&Cs and stating that if the house was not given as the prize then they could get refunds on the basis the raffle had been cancelled. I don't think that is correct as cancellation would mean that neither the house or cash prize was given. In this case the cash prize appears to have been so the raffle was not cancelled so no right to refund Link to comment Share on other sites More sharing options...
The Bastard Posted June 17, 2018 Share Posted June 17, 2018 51 minutes ago, Lost Login said: Seems that some posting on facebook are reading the T&Cs and stating that if the house was not given as the prize then they could get refunds on the basis the raffle had been cancelled. I don't think that is correct as cancellation would mean that neither the house or cash prize was given. In this case the cash prize appears to have been so the raffle was not cancelled so no right to refund Some on Facebook are posting screenshots of the original T&Cs that appear to promise refunds if insufficient numbers were sold. They have also posted shots after the T&Cs were changed at a later date (May ?) that have different arrangements. Their issue appears to be with the changes of the conditions, something which has some past legal precedent, so it will be an interesting outcome. Link to comment Share on other sites More sharing options...
Lost Login Posted June 18, 2018 Share Posted June 18, 2018 5 hours ago, The Bastard said: Some on Facebook are posting screenshots of the original T&Cs that appear to promise refunds if insufficient numbers were sold. They have also posted shots after the T&Cs were changed at a later date (May ?) that have different arrangements. Their issue appears to be with the changes of the conditions, something which has some past legal precedent, so it will be an interesting outcome. The only screenshot I could see relating to a refund was if the raffle was cancelled and it appears not to have been. The draw took place with the cash prize as per the latest T&C's. It is hard to really comment as I could only see extracts from the original T&Cs and not the whole document. There are various allegations T&Cs were breached but difficult to comment on without specific knowledge of what took place. Link to comment Share on other sites More sharing options...
thommo2010 Posted June 18, 2018 Share Posted June 18, 2018 1 hour ago, Lost Login said: The only screenshot I could see relating to a refund was if the raffle was cancelled and it appears not to have been. The draw took place with the cash prize as per the latest T&C's. It is hard to really comment as I could only see extracts from the original T&Cs and not the whole document. There are various allegations T&Cs were breached but difficult to comment on without specific knowledge of what took place. The guy running the page posted the terms and conditions I am guessing they were the ones that were originally put out Link to comment Share on other sites More sharing options...
thesultanofsheight Posted June 18, 2018 Share Posted June 18, 2018 8 hours ago, The Bastard said: Some on Facebook are posting screenshots of the original T&Cs that appear to promise refunds if insufficient numbers were sold. They have also posted shots after the T&Cs were changed at a later date (May ?) that have different arrangements. Their issue appears to be with the changes of the conditions, something which has some past legal precedent, so it will be an interesting outcome. Who is going to launch a legal challenge as they lost £20 ? Link to comment Share on other sites More sharing options...
The Duck of Atholl Posted June 18, 2018 Share Posted June 18, 2018 Link to comment Share on other sites More sharing options...
thesultanofsheight Posted June 18, 2018 Share Posted June 18, 2018 5 minutes ago, The Duck of Atholl said: You can’t do a class action in the IOM so who is going to take them to court for losing £20? Link to comment Share on other sites More sharing options...
The Duck of Atholl Posted June 18, 2018 Share Posted June 18, 2018 12 minutes ago, thesultanofsheight said: You can’t do a class action in the IOM so who is going to take them to court for losing £20? Isle of Man Rules of Court Chapter 2 is your friend... Link to comment Share on other sites More sharing options...
woolley Posted June 18, 2018 Share Posted June 18, 2018 11 hours ago, The Bastard said: Some on Facebook are posting screenshots of the original T&Cs that appear to promise refunds if insufficient numbers were sold. It swings on the meaning of "insufficient" in this context. Is it: Insufficient to award the house as the prize or insufficient to hold a draw at all, even for a lower value cash equivalent? As these levels are not spelt out in the T & Cs there is not enough information to judge. Link to comment Share on other sites More sharing options...
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