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Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4194
Experience:  30 years of experience
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I entered a contest. It was the XSport Get Fit Challenge. Rules

Customer Question

I entered a contest. It was the XSport Get Fit Challenge. Rules were:
1) weigh in and out and take photos on specific days.
2)buy 90 days worth of supplements
3) train at least 12 times with a XSPort trainer
4) write an essay no longer than 500 words saying how the contest changed your life.
To make a long story short, I was a finalist. Butthe winner was a man who submitted a 6000 word essay, in clear violation of the written rules.
since 55% of the judging was based on the written essay, he had a clear advantage.
I spent almost $5000 on training and supplements for this contest.
Is this grounds for some kind of legal action? XSport did not judge according to the rules they spelled out, placing those who followed the rules at a disadvantage to the man who won.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 2 years ago.
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
I see your question was posted several days ago. I apologize for any delay in you receiving a response. I did not see your post until today.
You may have a cause of action for breach of contract. Because you had to do certain things in keeping with the terms of the contest, and because you were required to pay money for the supplements to participate, you and Xsport had the essential elements of a contract.
Because Xsport changed the terms of the agreement, they may be said to be in breach of that contract. Accordingly, you may be able to assert a breach of contract action against Xsport.
Your damages would include the money that you expended in reliance of the stated terms of the contest; you would also be entitled to recover costs of bringing a suit.
You indicated that you expended $5,000.00. This amount is within the Small Claims Court limits. So you can sue without the need for an attorney.
The first step in bringing an action is usually a demand letter. A well written demand letter may lead to the resolution of the issue without the need to file suit. This link describes how to write such a letter and provides examples:
The following links will provide you with information that will be helpful in bringing a small claims court action:
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.