Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I entered a drawing for a room makeover from a furniture store (filled out a basic entry form). The contest was to submit a picture of your room, then 15 finalists would be chosen. The pictures would then be posted and people to donate money to a charity ($1.00 per vote). The picture with the most votes wins the contest. I won. I was contacted by the sponser of the charity and told that I would be meeting with a designer from the furniture store and then invited into the store to pick out the furniture. The sponser, which is a tv news station came to my home to do a before shot of the room. At that time, they told me this would go in the furniture store’s commercial. We went to the store & met with the designer who had a grouping picked out for me. I did not like it. We spent the next 2 hours picking out the furniture we wanted. The designer asked us at least 3 times if we were happy with everything. We were, and she said that she would order the furniture that following Monday. I was contacted by the tv news sponser of the contest and told that our furniture was not approved (it was too dark and they want to brighten it up). I was furious. They told me that in the rules of the contest, it stated that the furniture was at the discretion of the furniture company. However, I never saw the rules, nor did the designer know of these rules.
Do we have any legal rights in this situation to actually get the furniture we want?”Assuming that it actually as in the rules, whether you saw or read them or not is not likely to impress a judge; nor would the fact that you were being given furniture for free, and now you want to force the furniture store to give you what you want, rather than what they are prepared to give you, for free.
Question: In this circumstance I would recommend that you sit down with the manager of the television station and the furniture store, and see what alternatives you can come up with (furniture sets, or perhaps ways to brighten up the furniture you want for the photo shoot with bright throw pillows, etc.) you can come up with that accomplish everybody’s goals – your goal is to have furniture you like and can live with, but remember that the furniture company’s goal (and the television station’s) is to have the end result be attractive and bright, so that they come out looking good along with your sitting room. Perhaps, also, they would be willing to put in the furniture they want for the photo shoot and then immediately replace it with the furniture that you want.
Answer:
Try to sit down and work with them – in the long run that will be a lot less frustrating and a lot more productive than going at it adversarially, especially as whether you have any legal rights at all is questionable.
