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[GaimeGuy]

LEXINGTON, Ky. (June 23) - A woman who won a radio contest that promised the winner "100 grand" sued after the station gave her a candy bar - a Nestle's 100 Grand - instead of $100,000.

Norreasha Gill filed a complaint Wednesday in Fayette District Court against Atlanta-based Cumulus Media, which owns WLTO-FM in Lexington. Gill, 28, says the station and its parent company breached a contract to pay $100,000 to the contest winner.

Night host DJ Slick sponsored the station's contest to "win 100 grand," Gill said in the lawsuit. Gill won by listening to the radio show for several hours and being the 10th caller at a specified time.

She went to the radio station the next morning to pick up her prize, but was asked to return later. When she got home, she found that the station manager had left a message explaining 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."

DJ Slick did not return an e-mail from the Herald-Leader, but he said on his Web site that he had left his job. WLTO and Cumulus declined to comment, identify DJ Slick by his given name or say whether he was fired.

Experts said the radio station could face action by the Federal Communications Commission, which licenses radio stations.

FCC regulations say contest descriptions can't be false or deceptive and that stations must conduct contests as advertised. Stations in two other states have been fined for contests that told listeners they'd won cash prizes without specifying they were in the Italian or Turkish lira, not the U.S. dollar.

Before her family went to sleep that night, Gill says, she 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.

"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," she told the Lexington Herald-Leader. "You just don't do that to people."


Source: The Associated Press.



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That radio station is not going to get away from this without forking over $100k

 

[Kabuki Waq]

I hope she wins.

 

[LakeEarth]

:lol Radiostations keep doing this shit, keep getting in trouble, and keep having to pay for it in the end anyways :lol

 

[Baron Aloha]

Heh. Sounds similar to the Toy Yoda incident.

 

[Kabuki Waq]

Heh. Sounds similar to the Toy Yoda incident.

:lol :lol :lol

 

[olimario]

Did the radio station do anything wrong? I'm sure they would have told her the actual prize had she asked.

 

[Flynn]

I like those candy bars.

 

[DarienA]

Heh. Sounds similar to the Toy Yoda incident.

I remember this!


PANAMA CITY, Fla. (AP) — A former waitress has settled her lawsuit against Hooters, the restaurant that gave her a toy Yoda doll instead of the Toyota she thought she'd won.

Jodee Berry, 27, won a beer sales contest last May at the Panama City Beach Hooters. She believed she had won a new Toyota and happily was escorted to the restaurant's parking lot in a blindfold.

But when the blindfold was removed, she found she had won a new toy Yoda — the little green character from the ``Star Wars'' movies.

David Noll, her attorney, said Wednesday that he could not disclose the settlement's details, although he said Berry can now go to a local car dealership and ``pick out whatever type of Toyota she wants.''

After the stunt, Berry quit the restaurant and filed a lawsuit against Gulf Coast Wings, Inc., the restaurant's corporate owner, alleging breach of contract and fraudulent misrepresentation.

The restaurant's manager, Jared Blair, has said the whole contest was an April Fools' joke.

 

[human5892]

Did the radio station do anything wrong? I'm sure they would have told her the actual prize had she asked.

Yes -- they were deliberately ambigious about a prize being given away, which is illegal under FCC standards. She had no reason to ask for clarification about the prize because no indication was given that it would be something besides money.

 

[CurlySaysX]

Heh. Sounds similar to the Toy Yoda incident.

:rollopa
thats a classic. :lol

 

[ManDudeChild]

Did the radio station do anything wrong? I'm sure they would have told her the actual prize had she asked.

Dude, that's the kind of half-ass logic that olim...oh wait.

Anyhoo, I think the woman's entitled to that money. The radio station was deceptive and, as noted in the AP article, no one would wait that long for a candy bar. I recall a similar stunt pulled with a young man. Guy flipped out on the phone, while the DJ seemed to get a kick out of it. I think the clip in question is on Ebaumsworld somewhere.

 

[Loki]

Heh. Sounds similar to the Toy Yoda incident.

:lol

 

[Shig]

Wah! I can't get something for nothing! Wah!

Anyhoo, I think the woman's entitled to that money.

She shouldn't be unless they ever said anything other than "100 Grand" when referring to the prize.

 

[cubanb]

Wah! I can't get something for nothing! Wah!


She shouldn't be unless they ever said anything other than "100 Grand" when referring to the prize.

100 grand refers to $100,000. They would at least have to say a 100grand bar or candybar. but this was misleading and yea she does deserve it because they used cheap tactics to try to draw an audience. She is entitled to that money

 

[robochimp]

Wah! I can't get something for nothing! Wah!

That quote applies to the radio station too, they do those promotions for ratings and in turn money

 

[LakeEarth]

Dude, that's the kind of half-ass logic that olim...oh wait.

Anyhoo, I think the woman's entitled to that money. The radio station was deceptive and, as noted in the AP article, no one would wait that long for a candy bar. I recall a similar stunt pulled with a young man. Guy flipped out on the phone, while the DJ seemed to get a kick out of it. I think the clip in question is on Ebaumsworld somewhere.

Yeah it's funny, but at least on that one they had the decency to do it to him over the phone. Here they had the woman all excited for a day telling her kids about how great the money is going to be and help them out, then drag her all the way to whereever (maybe having to take a day off from work to do so) and ... man they make her seem so sad in that article :lol

 

[Kabuki Waq]

That quote applies to the radio station too, they do those promotions for ratings and in turn money

exactly.

 

[cubicle47b]

I think it's all in how they said it. If they actually said "win 100 grand" then they need to pay up because it's equivalent to saying "win candy bar" and is beyond misleading.

 

[Shig]

I think it's all in how they said it. If they actually said "win 100 grand" then they need to pay up because it's equivalent to saying "win candy bar" and is beyond misleading.

It's a proper name of an existing product. If the only phrase they used was "a Hundred Grand" and never made any indication they were referring to money, they really shouldn't be liable. I mean, if you are referring to a Snickers bar, you can just say "Snickers", If you want a Coke you don't have to say "Coca-cola brand soft drink".

If anyone should be sued it's the makers of the 100 Grand bar for persisting in using a name that can easily mislead people. I'm sure this isn't the first time their bar's name has been used for such a bait & switch.

 

[Escape Goat]

She dialed a number and feels entitled to 100,000? Is she delusional? I'd take the 5000 and be happy I got that.

Either way I don't give a damn. :lol

 

[cubicle47b]

My point was that "you can win 100 Grand" is broken English if you're talking about a candy bar. It's the same as "you can win Toyota Celica". That phrase is only correct if you're talking about money.

 

[cubanb]

It's a proper name of an existing product. If the only phrase they used was "a Hundred Grand" and never made any indication they were referring to money, they really shouldn't be liable. I mean, if you are referring to a Snickers bar, you can just say "Snickers", If you want a Coke you don't have to say "Coca-cola brand soft drink".

If anyone should be sued it's the makers of the 100 Grand bar for persisting in using a name that can easily mislead people. I'm sure this isn't the first time their bar's name has been used for such a bait & switch.

You say snickers, but as a contest they would have to say you win "a snickers" or "a snickers bar". Saying the prize is "snickers" is too vague, it leaves it open to how many snickers?
contests have to be specific for a reason, they are free marketing for the company and can be exploited in cases like this. 100 grand implies cash. they didnt even say "you win a 100 grand"

edit beat to it above^^^

 

[human5892]

It's a proper name of an existing product. If the only phrase they used was "a Hundred Grand" and never made any indication they were referring to money, they really shouldn't be liable. I mean, if you are referring to a Snickers bar, you can just say "Snickers", If you want a Coke you don't have to say "Coca-cola brand soft drink".

Apples and oranges -- Snickers as a noun only refers to candy. Same with Coke (well, it's also short for something else, but I doubt many radio stations are giving that away).

If anyone should be sued it's the makers of the 100 Grand bar for persisting in using a name that can easily mislead people. I'm sure this isn't the first time their bar's name has been used for such a bait & switch.

I'm sure it's been the source of pranks before, but that doesn't change the fact that what this radio station did was illegal. You can't seriously toy with people's time and emotions on the public airwaves and expect no repercussions.

 

[human5892]

She dialed a number and feels entitled to 100,000? Is she delusional?

That's just terrible logic.

 

[Escape Goat]

That's just terrible logic.

Legally, they may be on iffy ground. I'm not a lawyer. but in the world of common sense I know nothing is free. If someone pulled this on me I'd not care at all. I did nothing for the money. Did not invest in it, did not enter into a contract or anything. I did manage 5,000 out of misleading marketing. By the numbers, I'm very much ahead.

 

[jenov4]

Heh. Sounds similar to the Toy Yoda incident.

Bwahaha, I remember this one also. Hilarity.

 

[human5892]

Legally, they may be on iffy ground. I'm not a lawyer. but in the world of common sense I know nothing is free.

It is, though. That was my point. You can win money. For free. That's what this woman was promised, and now the radio station has an obligation to deliver it to her.

It's like the episode of the Simpsons with Stampy in a way.

 

[cubicle47b]

It's not really about paying this woman $100,000. She doesn't matter. It's about a company making a promise over public airwaves and having to go through with it. They have to pay someone $100,000 and they already selected this woman so she's entitled.

 

[Kung Fu Jedi]

I'm kinda torn on this. Not hearing the broadcast makes it difficult to know just how much she was duped, and how much she was just stupid.

 

[Escape Goat]

It is, though. That was my point. You can win money. For free. That's what this woman was promised, and now the radio station has an obligation to deliver it to her.

It's like the episode of the Simpsons with Stampy in a way.

You shouldn't expect anything for free. To do otherwise in life is stupid.

It's not really about paying this woman $100,000. She doesn't matter. It's about a company making a promise over public airwaves and having to go through with it. They have to pay someone $100,000 and they already selected this woman so she's entitled.

There is misleading marketing all over the damn place. How about goodcow and his "Lemonade 30 cents (I forget what he was buying) and the manager said the limit was 3 or something. The only reason this is getting attention is because someone is greedy and feeling entitled.

 

[Shig]

My point was that "you can win 100 Grand" is broken English if you're talking about a candy bar. It's the same as "you can win Toyota Celica". That phrase is only correct if you're talking about money.

I get what you're saying, but the name the bar is referred to is actually "Hundred Grand". Saying "you could win one Hundred Grand" or "you could win a Hundred Grand" isn't broken english. Were the bar called the "One Hundred Grand", your point would stand, as you'd have to say "a One Hundred Grand". But it's not, so you don't, technically.

 

[Tedesco!]

Radio stations routinely have contests where they give away amounts of money as prizes. I have worked in radio for almost 10 years now, and never has any of the stations ever had a contest for a candy bar. The DJ thought he was being cute, using wordplay to fool the listeners, but the fact is he made his station liable. The station should pay the money to the woman, regardless of what the intentions of the Dj may or may not have been.

 

[cubicle47b]

There is misleading marketing all over the damn place. How about goodcow and his "Lemonade 30 cents (I forget what he was buying) and the manager said the limit was 3 or something. The only reason this is getting attention is because someone is greedy and feeling entitled.

It's getting attention because it's a particularly bad example of misleading marketing. Rest assured, I feel goodcow was entitled to as many lemonade packets as the store had.

 

[Guzim]

It's like the episode of the Simpsons with Stampy in a way.

Grandpa Simpson: Hey, they're playing the elephant song!

Jasper: I love that song. It reminds me of elephants.

 

[cubicle47b]

I get what you're saying, but the name the bar is referred to is actually "Hundred Grand". Saying "you could win one Hundred Grand" or "you could win a Hundred Grand" isn't broken english. Were the bar called the "One Hundred Grand", your point would stand, as you'd have to say "a One Hundred Grand". But it's not, so you don't, technically.

If true, the people at Nestle are idiots because "100 Grand" is one hundred grand and not hundred grand and the radio station is run by misleading assholes instead of lying assholes.

 

[robochimp]

Legally, they may be on iffy ground. I'm not a lawyer. but in the world of common sense I know nothing is free. If someone pulled this on me I'd not care at all. I did nothing for the money. Did not invest in it, did not enter into a contract or anything. I did manage 5,000 out of misleading marketing. By the numbers, I'm very much ahead.

You did do something for that money though, you sat around listening to the radio just like many other people, This gives the station ratings and money. Then they put the incentive up for grabs to the 10th caller. Its kind of like buying a lottery ticket. The radio station is responsible for making their promotions crystal clear.

 

[Kung Fu Jedi]

Where's the payoff for the DJ if he doesn't spill the beans to her on the air. I mean, usually in cases like this, the DJ takes the 10th caller and it goes something like this:

DJ: Caller, congratulations, you just won a hundred grand!
Caller: Really...I won...I'm caller 10? (in a very excited, out of breath voice)
DJ: That's right. You're caller number 10. You win a hundred grand! (In cheesy DJ voice)
Caller: Aaaaaaaahhh!! Oh my god! Oh my god! Ahhh!!! (other screams in the background from family members)
DJ: Haha. So, tell me, what are you going to do with your 100 grand?
Caller: Oh my god... oh my god.. I'm going to buy a new car, put my kids through school...
DJ: What? How are you going to do that? (skeptical, cheesy DJ voice)
Caller: This money is going to change our life...
DJ: Money? What money? (smug cheesy DJ voice)
Caller: The $100,000.
DJ: Haha. Oh. I think there's been a misunderstaning...
Caller: What?
DJ: You thought I was giving away $100,000? No, you won a hundred grand bar. They're very tasty you know?
Caller: A candy bar? I won a candy bar? (disapointed voice)
DJ: Yep! Thanks for participating in our contest. Now tell us, who made you winner?
Caller: You mother (*beep*). I'm going to kick your (*beep*). You're going to wish you were never born you (*beep*)
DJ: haha. Another satisfied customer.


In this case, that didn't happen. The DJ got no on air payoff to his gag, so what was the point? This is one stupid DJ on so many levels.

 

[human5892]

You shouldn't expect anything for free. To do otherwise in life is stupid.

But if you win a contest, you get the prize for free. You're saying that this woman is stupid for expecting money that she won?

The only reason this is getting attention is because someone is greedy and feeling entitled.

No, it's because the radio station broke a law and should be punished for it.

 

[cubicle47b]

Wait a second, if a 100 Grand candy bar is actually "hundred grand" then the DJ couldn't possibly be talking about the candy bar.

edit: Shit, only if it was in print.

 

[fart]

the only reason the station manager offered 5k is because he fucking well knows that if this goes to court it will cost the station substantially more than that (probably 100k+), not to mention possible FCC penalties.

 

[GhaleonEB]

I think both the law and precedence established by past cases means the radio station should have to pony up. I'd say she should go for punitive damages too, for good measure.

 

[Sapiens]

Grandpa Simpson: Hey, they're playing the elephant song!

Jasper: I love that song. It reminds me of elephants.

This is why I came into this thread. I knew someone would say this. And I thank-you. I love that episode.

 

[Hitokage]

Why are you arguing over whether or not he said "one" or not. It's valid for either situation in either case. 100,000 = one hundred grand/thousand or a hundred grand/thousand. Both are correct. Same with "100" that appears on the candy bar. One Hundred + Grand or A Hundred + Grand.

 

[The Faceless Master]

You shouldn't expect anything for free. To do otherwise in life is stupid.



There is misleading marketing all over the damn place. How about goodcow and his "Lemonade 30 cents (I forget what he was buying) and the manager said the limit was 3 or something. The only reason this is getting attention is because someone is greedy and feeling entitled.

she doesn't expect it for free, she and the other listeners expect for putting in their time and lending their ears to the radio station, increasing profits and listener base... and $100,000 is nothing, radio stations here have given away upwards of $1mil, so expecting to win the prize in a contest is logical... that's why they have all sorts of laws for contests...

 

[mosaic]

Before her family went to sleep that night, Gill says, she 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.

Where does she live that you can get a home with a backyard and a minivan for $100K? (Unless she intended to get a mortgage on the home, but still....) And then to factor in a "shopping spree"?

She deserves the money since she was clearly misled, but still... PIE IN THE SKY!

 

[human5892]

Where does she live that you can get a home with a backyard and a minivan for $100K? (Unless she intended to get a mortgage on the home, but still....) And then to factor in a "shopping spree"?

She deserves the money since she was clearly misled, but still... PIE IN THE SKY!

Yeah, I think she's a little deluded about what 100k can actually do. That can't even buy a shitty home with no backyard in most places (although this is Kentucky...)

 

[Sapiens]

Yeah, I think she's a little deluded about what 100k can actually do. That can't even buy a shitty home with no backyard in most places (although this is Kentucky...)

Down payment. Assuming her credit checks out.

 

[Archaix]

Where does she live that you can get a home with a backyard and a minivan for $100K? (Unless she intended to get a mortgage on the home, but still....) And then to factor in a "shopping spree"?

She deserves the money since she was clearly misled, but still... PIE IN THE SKY!

The kids are all under eleven. "A shopping spree" for a kid that young could easily mean just a few hundred dollars.

 

[cubicle47b]

Why are you arguing over whether or not he said "one" or not. It's valid for either situation in either case. 100,000 = one hundred grand/thousand or a hundred grand/thousand. Both are correct. Same with "100" that appears on the candy bar. One Hundred + Grand or A Hundred + Grand.

"and you can win 100 Grand" is valid if it's a candy bar? (assuming 100 Grand isn't "hundred grand" and not "a hundred grand")

 

[Seth C]

Oh, her poor children! "No minivan, mom?"

Seriously, I'd bet the $100,000 that this woman is currently living on wellfare. She's probably already earned at least $100,000 out of our paychecks.