Is it legal or illegal?
Dear community.
I have a legal question and try to keep it short. It's about a competition from a large company. In this competition you had to take the top places for a prize (e.g. 1st place Playstation 5). I'm in first place, have not violated any conditions of participation and I have already been contacted by the organizing company. Now the company wants to reimburse me for the purchase price instead of the profit (PS5) (English company or currency $ 499). The reimbursement should be via. Paypal, but I don't have a Paypal account and just because of the competition I don't want to create one. I took part because of the material prize, not because of a $ 499 PayPal transfer.
Now the question:
Is it legally correct to refund the purchase price in another currency instead of the winnings? Especially because of the poor availability, many have certainly taken part in the competition. So the Playstation has a higher value (due to the situation) than $ 499. If there are taxes, I should also pay them or they will be deducted from the profit. Can I insist on the material prize or is it subject to the organizer to reimburse the cost of the prize?
Look for the small print clause "The judge's decision is final".
Basically you are right. Being right and being right should be two different things for a British company.
There's no clause. There's also no minimum age for participation or the like.
In theory, it's illegal. And there are many ways to complain.
And then? Then they're not even in the EU.
Even if you're right, you will never see the device, I guess. Plus, they'll say they didn't have it. And then? Then they have to give you the money instead of…
Ask if you can also pay for it other than via PayPal.
and: an account there's not so bad.
PS: If you are a minor. Paypal pays against an email address. I.e. It can also be someone else's account. For 500 euro, nuts will probably have an understanding and be happy with you.
So the Playstation has a higher value (due to the situation) than $ 499.
No she did not.
Just because there are people who voluntarily pay more in order to get one faster is it not "worth more" or the organizer is not obliged to take this into account.
He offered a prize of $ 499. And since the specific product is currently unavailable, he just gives out the money.
We can only judge whether this is in turn legal if you link the conditions of participation etc. Of the competition here.
The reimbursement should be via. Paypal, but I don't have a Paypal account and
I don't want to create one for me just because of the competition.
It's not about that you "just don't want it for that". You are not allowed to do it yet.
Were there any conditions for entering the competition? An age restriction or something like that? Is that maybe your real problem as a 16 year old?
(Please refer )
As a minor, are you even eligible to participate? Was your participation even legal and was it discussed with your parents?
If so, then it shouldn't be a problem that your parents receive the money for you (possibly with their legal PayPal account).
There's no clause. There's also no minimum age for participation or the like.
Then you can certainly link us to the competition here so that we can read through the small print ourselves, right?
https://lordsmobile.igg.com/event/lords/?key=LB30
This is the link to the competition
Was linked in your answer
This is the link to the competition
OK, have you read and understood / followed the "https://policies.igg.com/terms_of_service" of the website / provider?
It says, for example:
You must be at least 13 years of age to access and use the services. If you are at least 13 years of age
but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable ("Age of Majority"), your parent or legal guardian must establish an Account with us. Parents and legal guardians who establish an Account with us for use by their child / ward or otherwise permit their child / ward access to the Services through their Account guarantee the compliance by the child / ward of the obligations under this Agreement. (Please also see Clause 4.)
And in Clause 4, which is referenced there, it continues (among other things):
By establishing an account through which you access the services, you undertake, represent and warrant that you have reached the Age of Majority. If you are at least 13 years of age but less than the Age of Majority and wish to use the Services, your parent (s) or legal guardian (s) must complete the registration process, open an Account in their name (s), and accept full responsibility for all obligations under this Agreement. Parents and legal guardians who establish an Account with us for use by their child / ward guarantee the compliance by the child / ward of the obligations under this Agreement.
In theory, you can use the platform from 13 years of age, but only if you are of legal age in your country (i.e. Fully responsible and legally competent). Otherwise, your parents will have to create the relevant account for you and be responsible for it instead of yours.
I hardly think that the account you won something with is your parents' account that they created for you, right?
Thus, the basic requirement that you are allowed to use the service at all (and therefore can participate in the competition) is not met at all.
I love it when people immediately ask for "My rights!", "Can they do that?!" and "is that legal?" call out, don't follow the rules yourself…
However, if your parents have created the account for you, it is not a problem that they (as adults) can enter their PayPal account there and receive the profit in this way.
And as far as the legal framework for the organizers of the competition is concerned:
This is a Singapore based company. See also "Terms of Service":
In this Agreement, "IGG", "we", "us", "our" refers to
IGG Singapore Pte. Ltd., including its joint ventures and related corporations as defined under the Companies Act of Singapore (Chapter 50).
So the local law with regard to "price competitions" etc. Also applies to them. Do you know their rights and laws on this subject?
Was linked in your answer
Thanks! I replied to that too.
There's no clause. There's also no minimum age for participation or the like.
Yes, read my answer there.
Jo thanks for the clarification ^^
Jo thanks for the clarification ^^
That would have been your job to make yourself smart beforehand.
That saves questions afterwards and any loud deliberations as to whether something is "right"…
