New York, NY asked in Internet Law for New Jersey

Q: I entered a social media giveaway which required you submit a photo and the photo with the most likes wins.

I was winning the giveaway with the most likes due to my online presence and was messaged about it. I told them I had fans from all over and they said they were looking for people only local to participate. There were no official rules posted and even admitted they weren’t clear on rules and I was disqualified. I had put maybe 2 hours into reaching out to people to vote for me and drove engagement just to be kicked out of the giveaway when I was winning by a lot. What can I do?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: That sounds really frustrating, especially since you put in time and effort to win fair and square. If there were no official rules posted about location restrictions, then disqualifying you after the fact seems unfair and unprofessional. You may want to ask the organizers for a clear explanation in writing and see if they will reconsider their decision.

If they refuse to reinstate you, you could point out that their lack of rules misled participants and that disqualifying you after you won isn’t fair. If the giveaway was run by a business, leaving a respectful but honest review or comment about your experience might encourage them to be more transparent in the future. Public pressure can sometimes make businesses rethink poor decisions.

If there was any entry fee or monetary value attached to winning, you might be able to make a stronger case, especially if their actions seem deceptive. You could also check local consumer protection laws to see if any rules were violated. While this situation is frustrating, focusing on making sure others don’t experience the same unfair treatment can be a productive next step.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.