Month: January 2016


Sharing the Wealth?

By Sam Ventola,

money

 

Now that the Powerball jackpot is up so high, you may have seen a rash of posts on social media offering to share a Powerball jackpot with anyone who “likes” or “shares” a post. Some have asked us if such an offer is enforceable.

The short answer is yes – if you can prove it. These posts constitute an offer to make a contract under the law. You “liking” or “sharing” constitutes your acceptance of the contract, and it is now enforceable. You’d have to somehow prove that you did what was asked, with screen shots, etc.

We once had a client who had won a giveaway at a convenience store for a new car. After they won, the convenience store told them that they actually had intended to only give them use of a car for six months. Sorry but no – the contract was for a car, and the convenience store was informed that unless a car was delivered they would be liable not just for the car, but also for triple damages and attorney’s fees for false advertising. Of course, the car was then delivered.

Just because the contract would be enforceable, however, doesn’t mean the “liking” or “sharing” is a good idea. Of course, the odds against the ticket in question winning are astronomical. Meanwhile when you “like” or “share” a post like that you give your Facebook information to hundreds of advertisers.

 

Sam Ventola has a wide variety of experience in litigation, legal education, and mediation. He has been an attorney on both sides in business litigation, employment disputes, probate litigation, and personal injury cases. In addition to being an attorney, he has been a mediator, hearing officer, labor relations professor, and lecturer on litigation, employment and First Amendment issues. He has also achieved the rating of AV Preeminent® by Martindale Hubbell.