Free Dinner Pass.com Aka: Get Special Gifts.com Fraudulent offer Florida Internet
I fullfilled the terms 11 weeks ago and they are not responding.
Responding to an ad offering a free $50. gift certificate to Red Lobster, I was taken to this site:
http://www.freedinnerpass.com/xg_reg.htm?SID=674b4b86afe26da0788c27c17b43973c&landing_page=1&=&p=2035&a=uon&c=scampi&em=
AFter entering data and completing the requirements to join and purchace at EBAY, no gift card/certificate came. Their link to inquire says 4 - 6 weeks:
http://www.freedinnerpass.com/redeem.htm [you must put in your email address you registerd with].
A Contact us form was filled out on this page:
http://www.freedinnerpass.com/cs/
On the email ad it states an address if I want to be removed from their email list I can write: p.o. Box 244285, Boynton, FL 33424. [there is only a Boynton Beach at that zipcode].
Their email came as a Juno SPONSORED advertiser. I can't find any live person at Juno to talk to, but found this at the bottom of the FreeDinnerPass ad:
Juno Online Services, Inc.
PO Box 7179
Thousand Oaks, CA 91362-9998
HEre are some details from the terms and conditions:
J. GOVERNING LAW AND OTHER TERMS. Any action related to this Agreement will be governed by Florida law,....shall be brought in the state or federal courts located in the County of Palm Beach, State of Florida.
F. YOUR RELATIONSHIP WITH SPONSORS. Your relationship with sponsors whom Freedinnerpass delivers offers for, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such sponsor. You agree not to hold Freedinnerpass liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such partners through the Service.
Mary
chanhassen, Minnesota
U.S.A.
4 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
No such thing as a free lunch
#5Consumer Comment
Wed, October 06, 2004
Mary...
If you are concluding, based on these terms, that you have no fesible legal recourse, you may very well be mistaken.
These are "boilerplate" terms, terms that exist in almost any contract, but are not actually "bargained for" in any sense. The law looks unfavorably on these terms, especially when they are used to perpetuate fraud. And, just beause something is in a contract, doesn't mean a court of law would enforce it.
The first clause you mention purports to limit any litigation to the laws and courts of the State of Florida. Under standard jurisdictional rules, a company that solicits business nationwide is subject to the jurisdiction of any state where claims may arise. The clause in question tries to limit this by claiming that you have agreed to pursue your remedies in Florida. These clauses are generally upheld in business-to-business contracts, but courts are hesitant to enforce them in business-to-consumer contracts.
If it appears as though a company has perpetrated a fraud, a judge would likely strike this "forum selection clause" and allow you to litigate in your local courts.
I also have doubts as to whether a court would enforce the other clause you showed us. However, that might not even matter. That clause might be relevant when you get the gift certificate from FreeDinnerPass and it is not honored by the restaurant. You, however, have not recieved what freedinnerpass itself was offering. As such, I don't even think the clause in question applies.
Now, given that you aren't really out anything that wasn't free in the first place, I know full well that you will never go through the trouble of pursuing litigation. But, for future endeavors, remember that just because something is in a contract does not mean that a court will enforce it. Contracts between consumers and businesses always contain a multitude of terms that are so beneficial to the company, and so detrimental to the consumer, that cogent public policy does not allow for their enforcement.
Also, in the future, ignore any internet ad that is promising something for free.
Best of luck to you!
Tim
Valparaiso,Indiana,
U.S.A.
No such thing as a free lunch
#5Consumer Comment
Wed, October 06, 2004
Mary...
If you are concluding, based on these terms, that you have no fesible legal recourse, you may very well be mistaken.
These are "boilerplate" terms, terms that exist in almost any contract, but are not actually "bargained for" in any sense. The law looks unfavorably on these terms, especially when they are used to perpetuate fraud. And, just beause something is in a contract, doesn't mean a court of law would enforce it.
The first clause you mention purports to limit any litigation to the laws and courts of the State of Florida. Under standard jurisdictional rules, a company that solicits business nationwide is subject to the jurisdiction of any state where claims may arise. The clause in question tries to limit this by claiming that you have agreed to pursue your remedies in Florida. These clauses are generally upheld in business-to-business contracts, but courts are hesitant to enforce them in business-to-consumer contracts.
If it appears as though a company has perpetrated a fraud, a judge would likely strike this "forum selection clause" and allow you to litigate in your local courts.
I also have doubts as to whether a court would enforce the other clause you showed us. However, that might not even matter. That clause might be relevant when you get the gift certificate from FreeDinnerPass and it is not honored by the restaurant. You, however, have not recieved what freedinnerpass itself was offering. As such, I don't even think the clause in question applies.
Now, given that you aren't really out anything that wasn't free in the first place, I know full well that you will never go through the trouble of pursuing litigation. But, for future endeavors, remember that just because something is in a contract does not mean that a court will enforce it. Contracts between consumers and businesses always contain a multitude of terms that are so beneficial to the company, and so detrimental to the consumer, that cogent public policy does not allow for their enforcement.
Also, in the future, ignore any internet ad that is promising something for free.
Best of luck to you!
Tim
Valparaiso,Indiana,
U.S.A.
No such thing as a free lunch
#5Consumer Comment
Wed, October 06, 2004
Mary...
If you are concluding, based on these terms, that you have no fesible legal recourse, you may very well be mistaken.
These are "boilerplate" terms, terms that exist in almost any contract, but are not actually "bargained for" in any sense. The law looks unfavorably on these terms, especially when they are used to perpetuate fraud. And, just beause something is in a contract, doesn't mean a court of law would enforce it.
The first clause you mention purports to limit any litigation to the laws and courts of the State of Florida. Under standard jurisdictional rules, a company that solicits business nationwide is subject to the jurisdiction of any state where claims may arise. The clause in question tries to limit this by claiming that you have agreed to pursue your remedies in Florida. These clauses are generally upheld in business-to-business contracts, but courts are hesitant to enforce them in business-to-consumer contracts.
If it appears as though a company has perpetrated a fraud, a judge would likely strike this "forum selection clause" and allow you to litigate in your local courts.
I also have doubts as to whether a court would enforce the other clause you showed us. However, that might not even matter. That clause might be relevant when you get the gift certificate from FreeDinnerPass and it is not honored by the restaurant. You, however, have not recieved what freedinnerpass itself was offering. As such, I don't even think the clause in question applies.
Now, given that you aren't really out anything that wasn't free in the first place, I know full well that you will never go through the trouble of pursuing litigation. But, for future endeavors, remember that just because something is in a contract does not mean that a court will enforce it. Contracts between consumers and businesses always contain a multitude of terms that are so beneficial to the company, and so detrimental to the consumer, that cogent public policy does not allow for their enforcement.
Also, in the future, ignore any internet ad that is promising something for free.
Best of luck to you!
Tim
Valparaiso,Indiana,
U.S.A.
No such thing as a free lunch
#5Consumer Comment
Wed, October 06, 2004
Mary...
If you are concluding, based on these terms, that you have no fesible legal recourse, you may very well be mistaken.
These are "boilerplate" terms, terms that exist in almost any contract, but are not actually "bargained for" in any sense. The law looks unfavorably on these terms, especially when they are used to perpetuate fraud. And, just beause something is in a contract, doesn't mean a court of law would enforce it.
The first clause you mention purports to limit any litigation to the laws and courts of the State of Florida. Under standard jurisdictional rules, a company that solicits business nationwide is subject to the jurisdiction of any state where claims may arise. The clause in question tries to limit this by claiming that you have agreed to pursue your remedies in Florida. These clauses are generally upheld in business-to-business contracts, but courts are hesitant to enforce them in business-to-consumer contracts.
If it appears as though a company has perpetrated a fraud, a judge would likely strike this "forum selection clause" and allow you to litigate in your local courts.
I also have doubts as to whether a court would enforce the other clause you showed us. However, that might not even matter. That clause might be relevant when you get the gift certificate from FreeDinnerPass and it is not honored by the restaurant. You, however, have not recieved what freedinnerpass itself was offering. As such, I don't even think the clause in question applies.
Now, given that you aren't really out anything that wasn't free in the first place, I know full well that you will never go through the trouble of pursuing litigation. But, for future endeavors, remember that just because something is in a contract does not mean that a court will enforce it. Contracts between consumers and businesses always contain a multitude of terms that are so beneficial to the company, and so detrimental to the consumer, that cogent public policy does not allow for their enforcement.
Also, in the future, ignore any internet ad that is promising something for free.
Best of luck to you!