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10/3/2012 7:08:08 PM
15

Man disqualified from contest - was it right?

[url=http://www.huffingtonpost.com/2012/10/02/theodore-scott-gold-peak-tea-contest_n_1932811.html?1349214608&icid=maing-grid7|maing5|dl1|sec1_lnk3%26pLid%3D214663]Article [/url] [quote]If Gold Peak Tea has a flavor to soothe a family of angry lawyers, the company might want to serve it up fast. Theodore Scott, a Decatur, Ga., attorney, is considering whether to sue the Coca-Cola tea brand for disqualifying him from its "Take The Year Off" video contest. Scott was informed he won the $100,000 grand prize and a 12-month break from the office. But days later, Gold Peak Tea announced a new winner, claiming Scott violated the rules by using a crowd-source forum to gather more votes for his video. "If I sue, it has to be soon," Scott told The Huffington Post on Tuesday. "I'd like to sue when it's still fresh in the minds of people." But it isn't just Scott who could take up the cause. He's a senior partner in the law firm Scott, Scott and Scott along with his wife and twin brother. And one of his four sons is an associate. "We are fighting this," Scott's wife, Ernestine, said. "We're looking at all the avenues."[/quote] From the Contest Rules: [quote] Multiple voters are not permitted to share the same email address or Facebook account. Use of script, macro or any other automated system to vote is prohibited and all such votes will be void. Finalists are prohibited from obtaining votes for any Submission and Video by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, vote farming, or any other activity that artificially inflates such Finalists' votes as determined by Sponsor in its sole discretion. Entrants are prohibited from sabotaging the votes of any Submissions through any means deemed inappropriate by Sponsor, in its sole discretion. If an entrant or voter engages in any of the aforementioned acts, his/her votes will be void, and his/her Submissions (if any) will be disqualified.[/quote] I think Scott has a pretty solid case against Gold Peak here. There is no legal definition of "vote farming" that I could find. However, I think that Scott is right when he says that asking for votes online is the same as asking for votes from family and friends. The phrase "including, without limitation" [url=http://www.adamsdrafting.com/2007/04/02/including-without-limitation/]may or may not be important,[/url] depending on the court. The question here is, is asking people to vote for you online "artificially inflating" the number of votes received? I don't think it is. What's the difference between asking people to vote for you online and asking your friends?
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  • [quote][b]Posted by:[/b] Saphir Eagle [quote][b]Posted by:[/b] RighteousTyrant [quote][b]Posted by:[/b] coolmike699 vote farming, [u]or any other activity[/u] that artificially inflates such Finalists' votes [u]as determined by Sponsor in its sole discretion.[/u] [/quote]His suit won't stand a chance. [/quote] agreed, the organizer can do what ever they want because of that claimer [/quote] No they can't. "At our sole discretion" doesn't mean that they can just change their rules after the contest ends.

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