Radio Candy Stunt Not So Sweet

[seriousstan]

JUNE 23--A Kentucky woman who thought she won $100,000 in a radio station giveaway is suing for breach of contract after learning that her prize was actually a Nestle's 100 Grand candy bar. According to the below June 22 Circuit Court complaint, Norreasha Gill, 28, claims that she was listening to Lexington's WLTO-FM on the evening of May 25 when host DJ Slick announced that he would award "100 Grand" to the tenth caller. When Gill, the pregnant mother of three children, was that tenth caller, the radio host told her she could pick up her prize the following day at WLTO's studio. She subsequently learned that the contest was a "joke," according to her lawsuit, which names the radio station's parent company, Cumulus Media, as a defendant. Gill's lawsuit seeks the $100,000 prize and additional punitive damages. The 22-year-old DJ Slick, whose real name is Jason Hamman, is no longer working for WLTO, a departure apparently hastened by the May stunt. Hamman, pictured at left, declined to speak about the "100 Grand" incident when contacted by phone today. In a May 25 blog posting promoting that night's giveaway, Hamman wrote that he would be presenting "our loyal listeners with a chance to Win 100 GRAND!!!! It's sitting in a bag to my left ready for someone to take off with just like the Runaway bride!" The tenth caller, he added, would be "100 GRAND RICHER!!! No joke." (4 pages)

http://www.thesmokinggun.com/archive/0623051grand1.html

[TroglodyteScholar]

1. What a maroon (eom)

[Oreo]

2. This is like the Toyota the Hooters girl thought she won.

Instead she got a Toy Yoda

[mom cat]

3. Baaaaaaaaaaaaaaaaaaaaad!

[benburch]

4. She won in court.

And was able to pick out the Toyota of her choice.

[redqueen]

5. Yay!

:bounce:

[meganmonkey]

6. I have such mixed feelings about this

but I think it's pretty funny.

I will say that there is no 'fine print' in radio, so I kinda lean toward the woman here, just on principle.

[MercutioATC]

7. I see your point, but it's a giveaway.

The woman provided nothing in return for the "100 grand" except the time it took to make the phone call. I'm not an attorney, but I don't believe a contract exists without consideration, which is definitely lacking in this case.

I think these kind of stunts are juvenile, but I don't see where she has a right to any money.

[MadisonProgressive]

8. She will get the 100K - I guarantee it!

This was blatent false advertising, bait and switch. The station will learn a very valuable lesson as will the idiot DJ.

[RaleighNCDUer]

9. Well, we know the DJ has a great future ahead of him

in Republican politics.

Bait n switch is their bread and butter.

[MercutioATC]

10. It's not "false advertising", but you're right. She'll get the money.

What a ridiculous place this country has become...

[MadisonProgressive]

11. Why isn't it false advertising?

[underthedome]

13. Because she got a 100 grand

100 grand is a candy bar and that's what she won.

I'll bet 100 grand she wins nothing from this dumb lawsuit and another 100 grand that in fact it will be thrown out.

[Mutley]

19. I'll take that bet.

:hi:

[MadisonProgressive]

21. There was obvious (and admitted) deception here

otherwise what was the 'joke'? The DJ INTENTIONALLY led her to believe she would get 'a hundred grand'. The candy bar is named One Hundred Thousand Dollar candy bar, not 'a hundred grand'.

It was false advertising; a misrepresentation of what her winnings would be for being the tenth caller. I tell you, it's an open and shut case!

[Codeine]

26. It's not called that anymore.

It's been a "100 Grand" bar for years now.

[MadisonProgressive]

23. If I say 'you just won 100 grand'

What percentage of people would think they'd won a candy bar. Not everyone has heard of that cabdy bar, but everyone knows what '100 grand' means. Pure deception and misrepresentation of an official (as far as we should know - it was on their airwaves) radio contest.

This is a no-brainer.

[LiberallyInclined]

28. what "a hunred grand" means-

100,000

of something,

-or-

the brand name of a candy bar.

[Left Is Write]

30. Actually, "grand" is slang term for, specifically, a thousand dollars.

Therefore, "a hundred grand" does mean a hundred thousand dollars.

[LiberallyInclined]

33. it is also the actual brand name of a candy bar-

no reasonable person could/would believe that a radio station would give away $100,000 with NO advance promotion-

the woman wants the court to protect her right to be a total idiot?

[Left Is Write]

34. Because the term "grand" is slang for an amount of money, the

radio station knew that someone would mistake the prize for money. If no one did, what would be the point of the prank?

I agree the woman is naive. That doesn't mean the radio station isn't responsible for what it does.

[MadisonProgressive]

36. But if put in the context of what the DJ said:

"you just WON a hundred grand', to most people it means money.

[Blue-Jay]

32. If I said "You just won Mars", would you think that you owned a planet?

[MadisonProgressive]

35. Duh...

[Left Is Write]

29. The contest was deliberately deceptive.

Deceptive advertising is a big no-no.

[AngryAmish]

39. Its not advertising

[Ilsa]

12. Yeah, but doesn't the station get something, but not from the woman?

Don't they get better listenership when they play gags on people, or better ratings which allow them to sell their commercial time for more money? If they mentioned her fll name on the air, could she be considered publically humiliated?

[NashVegas]

17. Yes And No

The DJ in question cracks up a few people, but any direct gain won't be felt until three months later when the ratings come out. And one little entertaining stunt isn't enough to grab ratings, you've got to string 'em together every night.

This is an OLD "bit" by the way, it's been done countless times across the country.

If the radio station were really going to give away $100,000 they wouldn't do it on the fly like that. First they'd run a week's worth of promos saying they were going to start the contest on X day. Then they'd continue to promote the hell out of it for the duration of the contest, and with a prize like $100k, you can be sure it's not going to be over in two hours, they gonna milk it for all it's worth. That's where the ratings come in.

[Left Is Write]

31. They'd run more than a week's worth of promos.

They'd start several weeks in advance building it up, possibly taking qualifiers for the big prize, giving away smaller prizes in the interim.

They would also likely advertise in print and on television. Their own radio promos would run at least once an hour, on every show.

[underthedome]

14. She won a 100 grand candy bar, what is the problems? Dumb lawsuit *nm

*nm

[jsamuel]

15. at very least it is false advertising or "misleading" advertising

[LiberallyInclined]

20. how so?

the dj never made mention of money- "a hundred grand" is a number-
any reasonable person's first response would be: "a hundred grand, WHAT?"

[MadisonProgressive]

22. It's deception - they pray on gullible people

Gullibility is not a crime, but bait and switch (recorded on radio no less) is.

[LiberallyInclined]

25. where was the "bait and switch"...?

the dj NEVER made mention of money.

the courts aren't there to enforce a person's right to be stupid.

[MadisonProgressive]

27. Thank GOD they aren't there for that!

They are there to see that laws are upheld. Let's just wait and see what happens. It's all just speculation at this point.

[MadisonProgressive]

37. They are there to protect the weak against the strong

taking advantage of them. A weakminded person has protections too.

[LiberallyInclined]

38. "protections" yes...

but NOT special rights to something that they don't deserve.

sheesh...
:eyes:

[Sanity Claws]

16. The radio got increased listenership and interest

A radio lives and dies by how many listeners it has. The number of listeners determine how much the radio can charge for ads, etc. The radio had a contest, the type that normally increases listenership. Some people would not have listened had it not been for the contest for $100,000. I doubt anyone would have listened for a candy bar contest. The radio station should pay accordingly.
Also, I wonder whether this contest was held precisely at a time when listenership was being measured.

[NashVegas]

18. They Wouldn't Have Gotten Diddly for Listenership

Two hours is not enough time to get increased public awareness to the extent it will make a blip on your ratings. If people stayed around who would not, great, but it wouldn't have meant anything if none of them were Arbitron diary keepers.

[MadisonProgressive]

24. I think you're missing the point here, but

whatever - Let's wait to see the result of the lawsuit. It should be entertaining!