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My friend had won an instagram contest for an hour

Hi, my friend had...

Hi, my friend had won an instagram contest for an hour photoshoot last yaer and gave me the prize. We're from Fremont and the photoshoot was in San Diego. We decided to claim the prize on January 20 of this year. We did the hour photoshoot and the girl said she will send the photos in a week. A week passed and she said she had the flu but will send it soon. A few days later I asked if she had sent it, she said she did but I never received the photos. She asked for a different email address and I sent her my fiances. He never received it either. I had told her we never received the photos. She said that she was in LA and will send it when she gets back. Still no photos. Danny decided to email her and a few hours later her husband text messaged him saying that she was in the hospital for a miscarriage. so we wait two weeks and asked about the photos. still no response. I also check on instagram every week to see if she had any activity, but just last week she blocked me. Am I able to sue, even though I didn't sign a contract? I did look online and it says that In other words, sponsors must be completely transparent about all aspects of the event, or risk potentially substantial federal and state law fines and criminal penalties. For example, under the Deceptive Mail Prevention and Enforcement Act of 2000, civil penalties can reach as high as $2,000,000.
You must award a prize even if your prize sponsor flakes out on you. A promotion on your blog is a contract between you and your participants, not your sponsor. If the sponsor doesn’t award a prize to your winner, it is yourresponsibility to purchase and award the same prize (or equivalent product if the original prize is unavailable) and send it to the winner.

Lawyer's Assistant: What state is this in? And just to clarify, when exactly were you notified?

California

Lawyer's Assistant: What steps have you taken so far?

I just emailed her, I did try to reach out to her friend but she just said she was sick and in the hospital. I messaged both her friend and her today.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that is it

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Answered in 1 minute by:
3/15/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
please take your time. Thank you for looking over the question.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

Ultimately, whatever it is that you won from this woman must be turned over.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
No, this is great! thank you so much! I also screenshot the conversation we had before she blocked me and the conversation got deleted. If I've been messaging her every other day and asking her friend about her is that a legal issue or no?

I don't think it's a legal issue, but I think that it's good to document what you have in case you have to go to small claims court to recover the property that you're owed. That evidence would go a long way.

Did you have any other questions for me today that I could help you with?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
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Customer reply replied 4 months ago
no thank you. I really appreciate it!

You bet!

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