Law Query

byrneg28

If you enter a competition and win, however, you did not meet the entry requirements (terms and conditions). The competition organizer refuses to offer you the prize

If the person who won the prize broke a term and condition, and you can subsequently prove it. Can you claim anything from the company or bring them to court etc.

Rainblow

byrneg28 wrote: »

If you enter a competition and win, however, you did not meet the entry requirements (terms and conditions). The competition organizer refuses to offer you the prize

If the person who won the prize broke a term and condition, and you can subsequently prove it. Can you claim anything from the company or bring them to court etc.

You can claim what you like and can bring who you like to to court. You do not need to have entered a competition at all.

LowKeyReturn

Rainblow wrote: »

You can claim what you like and can bring who you like to to court. You do not need to have entered a competition at all.

I'm not exactly sure what you mean by this. Documents have to be filed; they don't do through them in any great detail but if they were written in crayon or suing for breach the Codpiece Information Act I'm not sure you're going to get very far.

OP I'm not sure you'd get much. You'd have to prove the people running the competition knew of the breach of their terms and conditions. You could inform them but I can;t see how they'd be under an obligation to withdraw the prize or sue the party to do so. Even if you did prove they knew of the breach I don't know what course of action you'd have - perhaps someone here could shed some more light. Hypothetically what type of competition would this be and what was the prize?

Cody Pomeray

I don't understand OP; sure, you are not eligible, but the fact that the new winner may not be eligible doesn't alter your own non-eligibility. It simply appears to introduce the possibility of a third personality who should now emerge to claim his crown.

Rainblow

LowKeyReturn wrote: »

I'm not exactly sure what you mean by this. Documents have to be filed; they don't do through them in any great detail but if they were written in crayon or suing for breach the Codpiece Information Act I'm not sure you're going to get very far.

The o/p said nothing about succeeding in an action. Once documents are properly filed the merits of the case are not examined. A defendant can be forced into court but if the case is unmeritorious he will succeed in having it struck out and will get an order for his costs.

valleyoftheunos

Cody Pomeray wrote: »

I don't understand OP; sure, you are not eligible, but the fact that the new winner may not be eligible doesn't alter your own non-eligibility. It simply appears to introduce the possibility of a third personality who should now emerge to claim his crown.

+1 on this, the OP is not eligible for the prize so I don't think they would have the standing to bring an action. As stated, a third party who would otherwise have won the prize could possibly seek an order directing that the prize in fact be awarded to them.

LowKeyReturn

Would it matter if the prize was awarded despite the same breach the winner had made and the competition runner knew?

valleyoftheunos

LowKeyReturn wrote: »

Would it matter if the prize was awarded despite the same breach the winner had made and the competition runner knew?

Well on what grounds would the first person ask the court to give the prize to them rather than the second person? the first person is already disqualified, disqualifying the second person won't have the effect of awarding the prize to the first.

I don't believe that the first person has any Locus Standii to bring an action regarding the eligibility of the second person to win, I think thats a matter purely between the competition organizers and the second person.

byrneg28

Cheers Guys! Some good information!