Woman falls prey to sweepstakes' fine print

2009-03-06 / Community

First she was told she'd won a car— then she was told she hadn't
By Carissa Marsh cmarsh@theacorn.com

IRIS SMOOT/Acorn Newspapers PROBLEM IN THE DETAILS—As her husband and daughter play softball in the front yard, Deborah Fischer shows the results of some of her work in trying to iron out how to get the car she supposedly won in a sweepstakes advertised in a leased space at the Simi Valley Town Center. "I could really use a new car," she explains. "My old one is dying." IRIS SMOOT/Acorn Newspapers PROBLEM IN THE DETAILS—As her husband and daughter play softball in the front yard, Deborah Fischer shows the results of some of her work in trying to iron out how to get the car she supposedly won in a sweepstakes advertised in a leased space at the Simi Valley Town Center. "I could really use a new car," she explains. "My old one is dying." When Deborah Fischer entered her name in a contest at the Simi Valley Town Center for a new car, she never thought she'd win.

And when she did, she thought it was too good to be true.

It was.

As it turns out, the sweepstakes she entered was sponsored by a company that sells timeshares, and Fischer was required to attend a 90-minute sales pitch from the company before claiming her 2009 Ford Flex.

"I don't normally fill out sweepstakes," the 40-year-old said. "But because it's the Town Center and I normally support Simi, I thought, let's try."

Fischer, a Simi Valley resident, entered the giveaway in December and in mid-January got a call saying she was the grand-prize winner.

"That's when I was notified that I would have to sit through a 90minute timeshare (meeting). Which really didn't bother me because if I truly did win, I don't mind sitting through (it)," she said.

However, things got even more complicated. The caller from Pacific Monarch Resorts Inc., sponsor of the giveaway, needed to verify Fischer's income. He said her form showed she made at least $40,000 a year. But Fischer said she hadn't filled out that part of the form.

The caller also informed Fischer that to have a chance at winning the car she'd already been told she won, she needed to come to the time-share seminar and draw a scratch card from a bucket to win one of five prizes— one being the car.

"I wasn't aware of that when I signed the sweepstakes. I thought it was just the vehicle," she said.

Despite her misgivings, Fischer booked the time-share appointment, figuring she at least had a shot at winning her dream car or $100,000 or another prize. She was told she needed to bring her husband and identification in the form of a credit or debit card and a checkbook.

A Pacific Monarch representative called Fischer every day leading up to the time-share meeting to confirm she was still coming.

But before Fischer could go to the appointment, she discovered that her mother and her motherinlaw—both of whom had entered the contest at the mall—also received phone calls saying they'd won the car.

Fischer's mother was told by Pacific Monarch that she'd won the car or $500,000. The possibility of winning one of five prizes wasn't mentioned. After questioning her about her age and income, the representative disqualified Fischer's mother, saying she didn't make enough money since her husband had recently been laid off.

"I just couldn't believe that these people were doing this," Fischer said. "Needless to say, I didn't go to the time-share (meeting)."

Instead, on Jan. 26 Fischer filed a complaint with the Better Business Bureau. But because she wasn't asking for compensation, the bureau could do nothing more than inform Pacific Monarch of the complaint. Fischer was told to contact the Ventura County district attorney's office or the state Department of Consumer Affairs.

"It's one big gimmick to get you into their time-share," said a frustrated Fischer, who is angry that the company can get away with what she believes is fraud.

Detective Sgt. Robert Arabian of the Simi Valley Police Department said he wouldn't classify it that way.

"I don't know that it is a scam. . . . I haven't heard of this type of situation," he said. "It sounds like the company might have some questions to answer, but I don't see anything criminal."

While a sweepstakes may appear to give away something for nothing, citizens need to realize it's a business and there's always a catch, Arabian said. The sergeant added that residents should be sure to read the fine print.

"Those things are about marketing and getting a product to you, and the way they do that is by offering a car," he said.

On the flip side of the contest's entry form is a long paragraph with details on the promotion. It states that the giveaway is sponsored and administered by Pacific Monarch, whose business is vacation timeshare resort ownership, and that all gifts and prizes associated with the giveaway may only be delivered following attendance at a Pacific Monarch sales presentation.

In addition, the fine print states that the $100,000/car giveaway is open only to married couples and single homeowners 25 to 75 years of age with an annual income of at least $35,000. Also, submitted entry forms become the property of Pacific Monarch and can be used for "secondary promotional purposes."

Multiple calls to Pacific Monarch seeking comment were not returned.

Fischer said she was unaware there was a backside to the entry form and did not read the fine print. She said the main reason she wanted to share her story is to let people know to be careful and realize what they are getting into when entering these types of contests.

"Read everything, I guess. Make sure you turn it over, because I didn't know," she said. "I probably would not have filled it out if I had read the back of the paper because I don't want to be contacted 24/7."

She added that she is still receiving calls from the time-share company, but she doesn't answer the phone when she sees Pacific Monarch's number on her caller ID.

Though it's a lawful way to do business, Arabian advised residents to steer clear of similar contests that offer something for nothing.

The sergeant also said that under no circumstances should a person give out personal information, including Social Security number and PINs, over the phone.

"If it sounds too good to be true, it probably is," he said.

Return to top