Company Breaking Competition Terms and Conditions

So a rather large company set up a game of skill (hackathon) that concluded a few weeks ago. It has become apparent that the winner is not an Australian resident (New Zealander) and the terms and conditions state that the competition was only open to Australian residents. Just wondering if there are any laws that govern these types of competitions and whether there is any way to have this looked at by the ACCC or some other regulatory body?

Comments

  • How do you know he is not an Australian Citizen?

    I am unsure of any regulatory body that will ever look into something like this - even if they do there will be no recourse to you.

    • -1

      According to linkedin, educated and always worked in NZ (never in Aus). So can't be 100% certain, but it certainly looks that way.

  • +2

    Royal Commission now!

    • Haha was thinking this as I posted

  • +3

    If the competition is one run in an Australian state, it will be under the relevant gaming/lotteries Act for that state. Probably the liquor/gaming authority will control this.

    There are different rules for pure lotteries, games of skill, giveaways, online only competitions, etc.

    I would caution that even in the case that the particular competition violated its own terms and conditions, it would be extremely unlikely that you could enforce action against it. The state authority would have to consider the violation to be exceedingly egregious, or discriminatory, (or publicity-worthy).

    Probably a polite email to the CEO of the (in your opinion) offending company expressing your disappointment with how the result came about may be your best course of action. This doesn't paint you as too much of a sore loser, nor a pedantic whinger.

    • Thanks for the info.

      I agree that this is probably the best way to handle the situation. I was more asking out of curiosity if there is some kind of legal frame work for these competitions and their terms and conditions, I don't think the winner will be overturned anyway.

      • Things are way more strict with games of chance - you need to obtain a permit and make sure the selection is random. Hence you often hear those announcements/fine print about the TPL number

    • Probably a polite email

      So don't bother.

      Up next: protests that cause no problems to anyone at all.

  • +4

    Was that on instagram? My wife used to be quite active on the 'gram when she was on maternity leave and its ridiculous how many 'lucky draws' for baby or maternity-related products she has won. She couldn't even remember entering some of them.
    After a while, you start wondering if she is indeed that lucky or if she was selected because her feed was nicely curated, her flat lay game was on point , she's pretty and our baby loved to flash his dimples…

    • +4

      her flat lay game was on point

      Her what now??

      • LOL. This is what a flat layis .

        • +3

          Haha, I was going to ask if that website was NSFW, but risked it anyway and was clearly way, way off the mark!

          • @djkelly69: Me too. I'm really disappointed. I thought it was something else..

          • @djkelly69: Perhaps you were expecting this? She's pretty flexible.

    • It is on point, I can't take flat lays for nuts as my shadows keep getting in the way. But I am also not willing to stand up on a chair in a highly crowded restaurant haha

      • +1

        AFAIK, she only took flatlays in private. She is one of those people who is really good at capturing the emotion in the moment. For example, there's a pic she took of me giving my youngest his first bath at the hospital and you can see the awe I felt on my face as I'm looking down at this tiny little human being we've made together. She wrote a really heartfelt caption and it chokes me every time I look at that post. However I wouldn't have thought any one else would care. How wrong was I? People went nuts : liking the post,tagging their girlfriends/partner, commenting and sharing their own experiences. It was so weird!

        Edit:Based on some of those comments, there could be a few more brand new human beings created thanks to how good I look with a baby in my arms😜

        • +1

          Aww thats such a sweet comment. My husband is about as sensitive about a block of rocks and will probably get annoyed/embarassed if I did do something like that. Maybe upcoming bub will mellow him out a bit (hopefully) haha

          • @MeesusEff: Congrats on the upcoming bub! It's always such an exciting time :)

  • In order to claim the prize he'd need to show ID.

    So quit stressing.

    • Thats just it, I've done countless of these, and never once had to show id

      • but how many have you won?

  • -1

    Wish I had more negs for such a petty thread.

    • Idno, prize was 5k… Im not expecting to win but would be good if the winner did follow the rules.

  • Another dual citizenship crisis?

  • Call the police. They will arrest the winner and give him a stern talking to. Won't happen again after that.

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