Are businesses responsible for errors in fine print on contest flyers?

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Are businesses responsible for errors in fine print on contest flyers?

I received one of those “If your number matches you could win” sort of flyers from a car dealership. I usually just dispose of this type of mail, however, I was bored and started reading the flyer along with the fine print. There is an error in the fine print which says chances of winning a new car are 23,999:24,000. I am just curious to know if the car dealership is liable for actually giving away vehicles with those odds?

Asked on August 24, 2011 Georgia

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good morning,

Thanks for posting to our website and I hope to offer some guidance. To get right to it  the dealership is holding the promotion. It is not a contract and the reality is there is no one running the numbers to ensure the odds are exactly as stated in the fine print.

Although it could be a typo this is a situation where legally it is a non issue. The reality is there is no way to prove or disprove with complete certainty the truth behind the odds being followed. In addition there are no damages because even if they had to have those odds who is to say who would have gotten the free car, it may not be the plaintiff so the damages are non existent.


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