Is there anything I can do about a company not following through in a giveaway?

UPDATED: Oct 1, 2022

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Is there anything I can do about a company not following through in a giveaway?

I entered and won a giveaway hosted by a
company in August. I have been in
correspondence since then with the Vice
President of the company. He has been
assuring me that I will be receiving my prize
once the funding for the giveaway went
through. He even offered a much better prize
for me having to wait so long. Finally, now Ive
received another email stating that the funding
didnt come through and that I would be
receiving nothing. Is this legal? Is there
anything I can do? Seems unfair that I did what
I was supposed to do to enter and they dont
have to keep up their end. Thanks for your

Asked on December 10, 2018 under Business Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, if you participated and won according to the rules of the giveaway, and those rules did not themselves contain some provision that if "funding didn't come through," you would not be paid, they have to pay you (I am using "paid" to mean getting the prize)--they are contractually (by the terms of the rules, which form a contract if you accepted them and entered according to them) obligated to pay you. You could sue them (e.g. in small claims court) for the prize.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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