Woman sues after learning prize is 100 Grand candy bar, not $100,000

[matcom]

<snip>

A Lexington woman who says she was jilted by a-WLTO-102.5 FM contest filed a lawsuit yesterday against Cumulus Media Inc., which owns Hot 102 and four other local stations.

The complaint, filed in Fayette Circuit Court, says the radio station and its Atlanta-based parent company breached a contract to pay $100,000 after a radio contest prize was revealed to be a caramel-filled candy bar, Nestle's 100 Grand, instead of cash.

On May 25, night host DJ Slick said he wanted to thank people who listened throughout the American Idol finale by sponsoring a contest to "win 100 grand." "No joke," the host's Web blog said of the contest.

Norreasha Gill won by listening to the radio show throughout the night and being the 10th caller just before the Idol winner was announced. As family members rushed to her house to celebrate, she screamed over the airwaves and began describing what she would do with $100,000, she said.

"I just freaked out," Gill, 28, said. "I couldn't move, I was so afraid that the phone would click off. I was shaking. They congratulated me and told me I could pick it up the next morning."

Before the family went to bed, Gill promised her children -- ages 1, 5 and 11 -- that they'd have a minivan, a shopping spree, a savings account and a home with a back yard.

"I couldn't sleep, there were so many knots in my stomach," said Gill, who is six months pregnant.

When she arrived at Hot 102's studio the next morning, she was asked to return that night, when DJ Slick would be in the office. By the time Gill and her fiance returned home from breakfast, a message from the station manager was waiting.

He explained that she had won a 100 Grand candy bar, not money. Later, he offered her $5,000, Gill said.

"I said I wanted $95,000 more," she said. "Nobody would watch and listen for two hours for a candy bar.

"What hurts me is they were going to get me in front of my children, all dressed up, and hand me a candy bar, after all those promises I made to them. You just don't do that to people."

Gill's attorney, Lee Van Horn, says Gill was treated "maliciously."

http://www.kentucky.com/mld/kentucky/news/11962588.htm

[GOPisEvil]

1. Remember the Hooters contest with the "Toy Yoda"?

:eyes:

This was a pretty shitty thing to do, but I bet there was a disclaimer SOMEWHERE that was missed.

[wtmusic]

8. Sounds like if there was it was buried

somewhere so is probably void anyway

[DS1]

2. Never heard of that one before

:eyes:

Like Opie and Anthony with the Toy-Yoda :eyes:

[GreenPartyVoter]

3. I have no idea what to make of this. I suppose if I had been led

to think it was $$ I would be pissed, but my question is, did the radio station ever make it clear.. or allude to .. the idea that it was a candy bar?

[Liberal Veteran]

4. Is that like the woman who won the "Toy Yoda"?

And was upset when she wasn't presented with a "Toyota"?

[Felix Mala]

5. Even in Kentucky, you couldn't do all that with $100 K...

[sniffa]

6. ha ha

[Hugin]

7. Anyone remember the "Pepsi Harrier Jet Affair"?

Seems like I remember they had to cough up a Jet...

When someone came in with enough bottle tops to win
what Pepsico thought was an unattainable prize.

Linkyloo:

http://www.courttv.com/archive/legaldocs/business/pepsi.html

[RatRacer]

18. Actually, Pepsi won that case (link)

http://www.snopes.com/business/deals/pepsijet.asp

[Hugin]

21. Indeed it did...

But, only after the Pentagon intervened.

http://www.law.pitt.edu/madison/contracts/supplement/leonard_v_pepsico.htm

[Richardo]

9. Cautionary tale: DON'T LISTEN TO CRAPPY RADIO STATIONS

...with names like 'Hot102' or 'Hit96' or 'TheMix107'.
Their shit is NEVER funny. EVER.

Get some CDs or listen to a local college (or even NPR) station.

[ucmike]

10. that's an old radio bit. i think she's out of luck

i've heard it before and the dj should never mention money. i think that as long as they say "Hundred grand" and never say "dollars" they're clear.

that said, its really mean, but awfully funny.

[johnnie]

11. A lot of these DJs are idiots

The station probably thought it would be "funny" to fuck with people and that's what they did. I hope she gets more out of them than the $100,000. There seems to be a lot of these types of idiotic things going on with "cool" radio stations. They are trying to get ratings.

[philosophie_en_rose]

55. Exactly and they knew how people would interpret their offer.

The woman would not have been excited for a 100 Grand candy bar. Depending on the context and the practices of the station (e.g. how they've described past cash prized), then they owe her the money.

There is simply no reason to offer 100 grand candy bars as a prize. The joke is that they knew that the callers would be expecting money.

At least it's not an elephant.

[Beetwasher]

12. I WANT MY ELEPHANT!!!!

I think I'll name him Stampy.

[ridgerunner]

27. That was my exact thought

when I read the story this morning. Life immitates the Simpsons once again. :rofl:

[quisp]

13. it's tough but she shouldn't have promised her kids...

so much stuff.

I can't believe I'm saying this but...
my Dad always told me "don't count your chickens before they hatch".

[supernova]

14. And this is why I don't listen to commercial radio anymore

I can't stand idiotic DJs like this. Do they really think it's funny that a group of middle-aged men sit around acting like 8-10 year old boys? :eyes:

I'm sure there was a disclaimer that was there, but not obvious to her. I would be surprised if the station didn't have their butts covered for this.

OTOH, if she wins, good for her!

[Love Bug]

17. If there were a disclaimer I'll bet the station mgr

wouldn't have offered $5,000. They probably screwed themselves and I hope she gets her money. Stupid DJs think jokes better suited for prank calls are ok for the air.

[dbt]

15. How did I KNOW this was going to be a radio stunt?

One read of the headline and the old, familiar sinking feeling came rushing right back: a cheap trick to screw with listeners because some asshole thinks it's funny.

No WONDER radio is held in such contempt; it has worked HARD to earn it!

[grace0418]

16. That's really mean but she doesn't sound too bright.

First of all, even in Lexington, KY, $100,000 is not going to buy you a minivan, a shopping spree, a house with a backyard, and leave you with enough to start a savings account. Especially after you pay taxes on that prize money. What was she thinking promising her kids all that? I'm guessing, if she's talking about starting a savings account at 28 with three kids, that she doesn't have any money to augment, either.

What I'm thinking is that this woman missed several probably obvious hints that the prize wasn't going to be money. Still, it's a really mean thing to do and I really hate those dumbass radio stations.

[grrl62]

25. i agree with you completely.

[liontamer]

26. well we don't know where she is financially

having a little extra cash could her in a good buffered position to trade in the house and car she's already paying for for nicer ones. especially if she locks in good interest rates.

That's really a lot of money if you think of it as money to augment whatever she already earns in a year.

I hope she wins.

[grace0418]

No we don't, but a woman with three kids talking about "starting a

savings account" doesn't sound like she's doing well financially. Especially a 28 year old who apparently had her first child while still in high school. I'm not saying the prank was nice, it was really mean. I'm just saying she sounds a little naive.

[sasquatch]

32. She could get a minivan and start small college savings plans with-

cash that's left over.

[Left Is Write]

33. $100,000 ought to be plenty to buy a minivan and

put a decent down payment on a "house with a backyard." She probably didn't mean she was going to buy the entire house without a mortgage.

[grace0418]

44. Well, considering she'd probably only get about 50-60% of that amount

after taxes and a minivan costs around $20,000 at least, that doesn't leave much for a spending spree, a savings account, and a house. Even a down-payment on a house. I know the real estate prices in Lexington are way better than where I live, but $15,000 or so ain't much of a down payment.

[Left Is Write]

47. To her, a spending spree might be a thousand dollars. Who knows?

If she got 60K out if it, she could still easily buy a van, put down on a house, and start a savings account.

Of course, this is all moot.

[LisaL]

50. Well, it would be enough to put a down payment on a house

and get the minivan. You can't do any of it with a candy bar.

[terrya]

19. And this is the state of the American legal system today.

The station manager offered her $5,000...which was $5,000 more than she had. And she apparently turned it down and clogged up the legal system with a truly idiotic lawsuit.

Jesus.

[Old_Fart]

24. I would have taken the $5,000.00

That game has been played before with a Payday candybar :grr:

[Heidi]

20. That radio station just bought itself . . .

a huge freight bill of bad PR. I hope they think it was worth it.

[Left Is Write]

34. No kidding.

When I worked radio, there's no way I would have participated in a mean-spirited prank like that one.

[BikeWriter]

52. No shit.

[Floogeldy]

22. Here is a recording of a station doing the same thing to a guy . . .

. . . and he gets really pissed!

http://radio.about.com/od/radiobloopersandouttakes/ss/blbloopers2_4.htm

[zbdent]

23. I wonder if Nestle's could sue the radio station

for causing them negative publicity . . .

[LiberallyInclined]

28. if the DJ only said that the prize was " a hundred grand", she's outa luck

if he said "one-hundred thousand dollars, she might have a case- but i would doubt it even then.

[Left Is Write]

35. If he had said "one hundred thousand dollars" she would certainly

have a case. Legally, all prizes offered MUST be awarded.

I'm sure he was careful to say only "A hundred grand."

[TXlib]

36. I disagree

If a reasonable person, on average, would make the same assumption, they should be held to the promise of $100,000.

[Pithlet]

38. I agree

They should. I hope this woman wins her justifiable lawsuit plus extra for punitive damages, even though I don't think it's going to happen. What a horrible thing to do to someone. I can't imagine thinking I'd won 100,000, a nice chunk of change for anyone who isn't mega wealthy, the kind of money that could make a difference in someone's life, and then being handed a candy bar. Anyone who thinks this is funny is lying if they think they wouldn't be devastated. Unless they're wealthy and 100,000 isn't a big deal, in which case they're total assholes for thinking such a stunt is funny.

[LiberallyInclined]

40. wrong-

if the dj was very careful to only and always say "a hundred grand", any reasonable person would ask: a hundred grand WHAT?
after all, "a hundred grand" is only a number, NOT a dollar amount...
this woman deserves nothing, and nothing is what she'll get.
i noticed that in her plans for all that money, she NEVER made allowances for the taxes that would have to be paid on it- if she were to get the money, should she be able to skip those as well? so as not to upset her delicate psyche...?

with people like this woman, and those that side with her, it's no wonder our court system and our country is so fucked up.

[TXlib]

45. You have a point

But the DJs would have had to be very careful skirting that line.

[Bossy Monkey]

49. A grand means a thousand dollars

http://www.bartleby.com/61/14/G0221400.html

[chickenscratching]

54. ok? 'tis your point sir?

:shrug:

[Catchawave]

29. Euwwww...can I sue Nigerian Spam Mail now?

...what happened to common sense? I've lost gazillions not responding to these emails....:silly:

[cestpaspossible]

30. I think the precedent is on her side.

I bet they'll settle for at least 50K.

[NashVegas]

31. Not Really

But it was chicken shit of the GM & other staff to fear telling her to her face that it was a joke contest.

[cestpaspossible]

37. Yes, really,

I think someone else has already won a lawsuit over the exact same issue, a few years ago.

[Pithlet]

39. If they didn't make the disclaimer that the contest was a joke

and made the offer of a money prize, then she does have legal precedent. It is illegal for a corporation to offer a prize for a contest promoting their business and then renege. I just have this awful feeling they did just enough of a slimy, deceptive disclaimer to get away with it. Scumbags.

[LiberallyInclined]

42. they didn't make an offer of a MONEY prize...

"a hundred grand" is either a number(NOT a dollar amount), or the candy bar of the same name.
she has no case.

[Pithlet]

43. I'm not so sure

I do believe there are FCC rules stating that prizes cannot be deceptive. And it is clear that this was the case. They did not make it known this was a candy bar till after the prize was awarded. Radio stations DO often award cash prizes, and sometimes they are big, not to mention big ticket items like cars and trips. I think it could be argued that a reasonable person could expect that when a radio station talks about a prize of "a hundred grand" that they would mean money. If anything, the station may get a hell of a fine for this. Now, whether this will translate to any financial award for the poor woman, I can't say. I don't know how specific laws, particularly local ones, will work in her favor, if at all. I would love to see her win a large settlement, though. Her lawyer was right. This was malicious.

[LiberallyInclined]

46. i am.

radio stations don't give away LARGE sums of money without LOTS of advance promotion and fanfare.
no "reasonable" person would/could believe that $100,000 would be given away without ANY advance promotion.
the dj NEVER made mention of money- he only gave the brand name of a candy bar, and gave away exactly that.

if anyone made a mistake that might end up working in the woman's favor, it might be the mgt. idiot who offered her $5,000- if i were the woman's lawyer, i'd base the case on HIS actions, not the dj's, as far as in any way 'legitimizing' her claim.

[chickenscratching]

56. Sure it was malicious, but it's her issue for assuming that shit

That's what's advertising is all about, little stunts and gigs to get the masses tongues rolling.

There's no point to buy into this shit.

Yes, it's "reasonable" to assume that "100 grand" means "100,000 dollars" because that's the context we use it as in our society. However, we live in a world where we don't question, we just assume. This lady ASSUMED that a "100 grand" meant money (as opposed to a candy bar), that's her fault, regardless of her income status.



Who said life was fair?
Trite statement, but it's a good one.

[LiberallyInclined]

41. link please...

assertions like that should be backed up-

if the dj only and always said "a hundred grand", that's only a number, NOT a dollar amount- any reasonable persn would automatically ask: a hundred grand WHAT?

[Kat45]

48. I've heard ot that contest being done before.

I think on a radio station. I can't remember whether it was something on a station around here that I heard or if I just heard about it. I do remember that it was done as a "joke." That kind of "joke" sucks.

[LiberallyInclined]

51. that kind of joke is FUNNY to hear...

gullible morans have to be good for something- why not entertainment for the rest of us?

http://radio.about.com/library/bloopers/100GrandCandy.ram

[chickenscratching]

57. here here!

most excellently put!

[Deja Q]

53. Most radio shows I know pull stupid stunts. This frivvy lawsuit won't work

What a joke she is.

So's the radio station.

So is rush limpballs' idea that we could all be millionaires (not possible in how our system runs and if everyone could live like that it'd be socialism anyway!)