Toshiba Hides Behind Fine Print in World Cup Giveaway Promotion
For those of you who watched the World Cup, you got to see some of the worst officiating in the history of sports with lots of blown calls and questionable judgment. So is it really any surprise that Toshiba's World Cup promotion would be equally controversial?
Here's the deal. Toshiba, riding the wave of the World Cup frenzy, ran a promotion that essentially encouraged consumers to buy a Core i5 laptop or Toshiba TV, and if your country wins the World Cup Final, Toshiba promised to refund your money. The promotion was run in Germany, England, Portugal, Italy, and Spain, and as everyone knows by now, Spain went on to actually win the thing.
Ready for the gotcha? A bit of small print on the ad instructed consumers to see Toshiba's site for more details, and it's there that Toshiba listed a requirement that all claimants must register their product by June 17th. As you might expect, a whole bunch of Spaniards are pretty pissed off over Toshiba's red card move.
The questions is, should Toshiba honor the rebates even if buyers didn't register their product? Spanish consumer advocate site Facua.org argues that such a major requirement shouldn't have been tucked away online, but included with the ads.
Do you agree, or this is a case where consumers simply failed to perform their due diligence?
Comments
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neo1piv14
July 19, 2010 at 7:07am
And this is where customer stupidity came back to bite them in the ass. If you didn't register, how in the hell did you expect Toshiba to refund your money? Did you expect them to just show up at your house with a check because they subpoenaed every major retailer to find out what make and model of Toshiba TVs/laptops were sold, and to whom? Was there not one person sitting around in their living room thinking "You know, I just paid cash for this TV, so how are they going to know that I need a refund? Oh well, I'll just get pissed when it doesn't happen." I don't know how things are over in spain, but where I live, you can go to any public library, school, etc and use a computer with internet access for free. If I didn't have internet access at home and thought that I could get a free TV out of it, then I'd probably walk my lazy ass over there and make sure I wasn't about to get screwed. Sure, not everyone has access to the internet and thus, the fine print, but getting a free TV isn't a right last time I checked. It's a privilege. It'd be like getting mad at BMW for giving away new rims to BMW owners as long as you drive your BMW to the dealership simply because you own a VW.
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Carey
July 16, 2010 at 9:25pm
I agree 100%. For something like that you HAVE to read the fine print, you can't think that the company was just going to give out free money like it grows on trees. Really people, you don't follow the rules (no matter how small they're typed), you don't get. Simple as that.
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thetechchild
July 16, 2010 at 7:53pm
Toshiba didn't do anything illegal, and it may be controversial in that the fine print was only online -- but still, if you spent that kind of money, you could at least spend the five minutes it takes to check the fine print, online or otherwise. If you were spent hundreds of dollars for a product and expect to get that all back, a few minutes of your time wouldn't have been too much to expect, I think.
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jgrimoldy
July 16, 2010 at 10:43am
C'mon, for a high-priced item like a TV or laptop, why would someone *NOT* read the fine print?? Maybe the culture in Spain is a little different than in the U.S., in terms of wiggly, predatory, misleading promotions, but I think not. Most folks should know that there's no free lunch, and ya gotta read the fine print if when things sound too good to be true.
Do these same folks really belive it when they get an email from a National in Nigeria that needs help liberating $30 Million? Yah, I didn't think so..
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thesmilies
July 16, 2010 at 11:08am
The problem was the fine print wasn't in the ads, it was on the Toshiba's website
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jgrimoldy
July 16, 2010 at 12:04pm
They SHOULD sort of make the DETAILS easily accessable.
The consumers aren't entirely off the hook. I know I'm not alone in saying that I'd have been all over getting details immediately after buying.
Hopefully the affected folks can still return for refund. I'm not sure if Spain has the same sort of 30-day return policies at their retailers...
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Dunimas
July 16, 2010 at 10:06am
It's the consumers fault. Plain and simple. If you were dumb enough to go spend money you didn't have for something you didn't need because you expected it for free, that's your fault. A failure (to read) on your part does not constitute an emergency (giving you free shit) on a companies part. This is all part of the entitlement generation that we live in. Men and Women no longer believe in earning anything. Instead they expect to be given it, so it does not surprise me people are pissed off.
At the end of the day people need to take responsibility for themselves. Most likely the individuals who are upset are the ones that used their credit to purchase a laptop or TV that they didn't need because they thought they could get it for free. How is that the companies fault?
If someone told you that they had a gold-brick shitting goose and that you could have some if you gave them your kidney, would you not make sure the goose was actually shitting gold before forking over your precious organs? People should be intelligent enough to read the details before spending money they don't have. I don't think Toshiba should reimburse anyone who didn't fill out the registration within the specified time frame.
::.Dunimas.::
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Biceps
July 16, 2010 at 9:49am
I love Toshiba and their products; in my life I have owned two of their high-end laptops and was very happy with both of them. It looks that like in this situation, though, someone in Toshiba's marketing department made a HUGE, well, f*ckup.
Toshiba needs to do the customer-oriented thing here and bite the bullet. By refunding the money of anyone who can prove they purchased their laptop before start of the world-cup final in Spain, they would be generating good will, and - most likely - avoiding a lawsuit they are sure to lose.
Drug makers don't get to put the warnings on their website, contracts have to include all the fine print IN the contract, and puting deal-breaking "see website for more details*" requirements on an ad is either devious (hard to believe Toshiba would do this intentionally) or a serious oversight (more believeable).
Toshiba, you will lose a lot of face by screwing over your customers on this one. Fess up to your mistake, or it will be interpreted by most (including me, a currently loyal customer of your brand) as an intentional con. That won't sit well with anyone.
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rafette
July 18, 2010 at 10:54am
The rules take for granted internet access is available. What if my grandmother buys a tv? how is she supposed to check out the website?
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Mark17
July 16, 2010 at 10:49am
To me, what Toshiba did was misleading and disingenuous. Of course they put that in the fine print intentionally, and I can assure that they did that because they know many people don't read the fine print even though they probably should. I think what they did was wrong, but rules are rules.
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Michael Ellis
July 16, 2010 at 8:10am
I hope that whatever happens, there is a fair and even-handed trial. If Spanish law supports Toshiba, so be it. Then....boycott the hell out of them!
HP Pavilion Elite e9280t AW020AV-ABA
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iinweed
July 16, 2010 at 7:56am
Any company that uses the fine print to get out of doing something like this are a bunch of shysters.
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Arrowdodger
July 16, 2010 at 7:35am
How were they supposed to refund your money if you didn't register? Sometimes I get the feeling that I'm the only one who actually reads all the documentation that comes with things I buy...
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Biceps
July 16, 2010 at 9:51am
It was on the website. And if you have, say, a RECEIPT you just might consider that proof of purchase, along with the bar code from the box, etc.
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mike2060
July 16, 2010 at 6:58am
At least the officials don't fix matches like they do in the NBA...
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Paul_Lilly
July 16, 2010 at 7:17am
You won't sell me on that one, but at the very least, the World Cup refs appear biased at times, and they certainly affected the outcome of some games.
-Paul Lilly
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johnnyathm1
July 16, 2010 at 6:26am
When it comes to high dollar items like big screen tv's and CPU's, the fine print is everything. Consumers really need to start taking some responsibility. Granted, it sounds like your classic bait and switch routine; But if people took the time to read through all the glitz and glamour of an ad that really sounds to good to be true...truth would have been revealed.
John Garn
SGT, United States Army
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Michael Ellis
July 16, 2010 at 8:14am
These companies deliberately make reading the fine print an absoulte pain in the ass. THey also make it extremely confusing. So I don't blame these people for not bothering to check.
I think that current contract law is extremely flawed and needs some TRUE reform.
That said, I'm still going with my above statement.
HP Pavilion Elite e9280t AW020AV-ABA
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Blues22475
July 16, 2010 at 6:11am
Companies expect you to see the itty bitty print and expect you to read the stipulations. As a matter of fact, I read another article in which the same thing happened except it was a warranty issue. Either way, Toshiba hopes to get by with "Oh but we put a notice that you have to register!" Realistically speaking, no one reads fine print because it's that: fine print. Can't see it.
Although I suppose you can't really take that as an excuse. I mean they tell you to read the fine print on contracts you sign (or any legal binding document in general).
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Ignorance is man's greatest enemy.
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