4 ms·

The car is surrounded by posters that read "Enter to win" above a picture of a white vehicle otherwise similar to the blue car physically present. There is abs

The car is surrounded by posters that read "Enter to win" above a picture of a white vehicle otherwise similar to the blue car physically present. There is absolutely no doubt that ideogram promises a chance to win the car in exchange for the registration.

YeGoblynQueenne 8y ago
I seem to remember there was a similar case prosecuted at some point where the advertiser claimed that the car was only for illustrative purposes and even drew an analogy with having a model display some goods, saying you wouldn't expect to be buying the model along with the goods. I might have just dreamt all that up though because I can't find anything online.
- sudouser 8y ago
  there was a case of a hooters employee, she expected to win a toyota but manager supposedly said “toy yoda”
  - 2bitencryption 8y ago
    My memory is 50/50 on whether this is from real life or The Office.
  - schoen 8y ago
    Apparently true: https://www.snopes.com/fact-check/hummer-bummer/ https://www.snopes.com/fact-check/hummer-bummer/ Interestingly, the family that started Toyota is named "Toyoda" (with a d, or rather a だ). https://en.wikipedia.org/wiki/Sakichi_Toyoda https://en.wikipedia.org/wiki/Sakichi_Toyoda
  - zwerdlds 8y ago
    She ended up getting a car: http://usatoday30.usatoday.com/news/nation/2002/05/09/toy-yoda.htm http://usatoday30.usatoday.com/news/nation/2002/05/09/toy-yo...
polynomial 8y ago
> There is absolutely no doubt that ideogram promises a chance to win the car in exchange for the registration. While a naive person may make that inference, a rational person may understand that 'ideogram' does not constitute an assertion that the picture depicts the prize to be won. I sure don't mean to defend such predatory scammers, but I'm pretty sure they are legally safe on that part. I had a friend last year who got very excited when she "won a car" and I had to talk her down when she said all she had to do was make an inconveniently long drive to a shopping mall to claim it / have her prize "verified."
- theothermkn 8y ago
  I don't think it's particularly "naive" to believe that retailers or advertising companies could make enough off of a contest promotion to justify the cost of a car. Most of the cost models of contests are opaque and, in most of North America at least, there is probably a general perception that regulations would be in place for something that so prominently implies that it is a contest for a car. The "trick" here is to set up the appearance of a contest while evading the legal controls for an actual contest. The very trick of disambiguating this in the more-or-less fine print is probably only allowed in things that aren't sweepstakes or contests. Yes, in hindsight, it may seem that only "naive" people could believe this, and that "rational" people see through it. But this strategy probably represents something like the endpoint of a search strategy that found a successful meme, precisely because it mimics authentic, regulated contests.
  - Dylan16807 8y ago
    In a world full of multi-million-dollar marketing budgets, where cars actually are given away to get attention, it's definitely not obvious at a glance that this isn't one of those sweepstakes.
- mikeash 8y ago
  I’m pretty sure you’re actually defending such predatory scammers here.
- ben509 8y ago
chmod775 8y ago
> The car is surrounded by posters that read "Enter to win" I just have to enter the car? Hold my beer!

YeGoblynQueenne 8y ago

I seem to remember there was a similar case prosecuted at some point where the advertiser claimed that the car was only for illustrative purposes and even drew an analogy with having a model display some goods, saying you wouldn't expect to be buying the model along with the goods. I might have just dreamt all that up though because I can't find anything online.

sudouser 8y ago
there was a case of a hooters employee, she expected to win a toyota but manager supposedly said “toy yoda”
- 2bitencryption 8y ago
  My memory is 50/50 on whether this is from real life or The Office.
- schoen 8y ago
  Apparently true: https://www.snopes.com/fact-check/hummer-bummer/ https://www.snopes.com/fact-check/hummer-bummer/ Interestingly, the family that started Toyota is named "Toyoda" (with a d, or rather a だ). https://en.wikipedia.org/wiki/Sakichi_Toyoda https://en.wikipedia.org/wiki/Sakichi_Toyoda
- zwerdlds 8y ago
  She ended up getting a car: http://usatoday30.usatoday.com/news/nation/2002/05/09/toy-yoda.htm http://usatoday30.usatoday.com/news/nation/2002/05/09/toy-yo...

polynomial 8y ago

> There is absolutely no doubt that ideogram promises a chance to win the car in exchange for the registration. While a naive person may make that inference, a rational person may understand that 'ideogram' does not constitute an assertion that the picture depicts the prize to be won. I sure don't mean to defend such predatory scammers, but I'm pretty sure they are legally safe on that part. I had a friend last year who got very excited when she "won a car" and I had to talk her down when she said all she had to do was make an inconveniently long drive to a shopping mall to claim it / have her prize "verified."

theothermkn 8y ago
I don't think it's particularly "naive" to believe that retailers or advertising companies could make enough off of a contest promotion to justify the cost of a car. Most of the cost models of contests are opaque and, in most of North America at least, there is probably a general perception that regulations would be in place for something that so prominently implies that it is a contest for a car. The "trick" here is to set up the appearance of a contest while evading the legal controls for an actual contest. The very trick of disambiguating this in the more-or-less fine print is probably only allowed in things that aren't sweepstakes or contests. Yes, in hindsight, it may seem that only "naive" people could believe this, and that "rational" people see through it. But this strategy probably represents something like the endpoint of a search strategy that found a successful meme, precisely because it mimics authentic, regulated contests.
- Dylan16807 8y ago
  In a world full of multi-million-dollar marketing budgets, where cars actually are given away to get attention, it's definitely not obvious at a glance that this isn't one of those sweepstakes.
mikeash 8y ago
I’m pretty sure you’re actually defending such predatory scammers here.
ben509 8y ago

chmod775 8y ago

> The car is surrounded by posters that read "Enter to win" I just have to enter the car? Hold my beer!