Your thoughts? Selective Competition?

[DSE 5]

The LDS-owned Deseret News held an essay contest
"Entries are now being accepted for the 2004 contest. The stories should be original and approximately 700 to 800 words in length, or approximately two typewritten pages, double-spaced. The winning entries will be published in the paper the week prior to and on Christmas Day.

The editor/judges prefer stories that cover a wide range of Christmas experiences, including humor. Ideally, stories should be written using a computer. Legible handwritten entries are acceptable. The author's name, address, daytime and evening telephone numbers and e-mail address (if the entrant has one) must be included."

A 12 year old girl was notified she was one of the finalists in the contest, and that the newspaper "would like to publish the essay."

Then the newspaper's editor contacted the little girl's mother, and asked the question, "Are you Mormon." The mother replied, "No, she is not." And the little girl and her mother were informed that the contest/publication offer were "for Mormons only." Notice the link above makes no mention of any religous affiliation. The newspaper can be bought at any newsstand in the Intermountain US.

Paul Rolly of the SL Tribune, felt badly for the little girl, and ran her essay in his column.
Local activists are calling for a lawsuit against the DesNews, because they didn't specify the contest was for "mormons only."

What say you? Fair? Unfair?

[billvon 3,120]

Unfair to the kid, but as a newspaper they can do whatever they want. Certainly not illegal or anything. They could restrict it to handicapped lesbian deaf eskimos if they wanted.

[TrophyHusband 0]

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Unfair to the kid, but as a newspaper they can do whatever they want. Certainly not illegal or anything. They could restrict it to handicapped lesbian deaf eskimos if they wanted.

hey, that's handy-capable alternative lifestyle hearing impaired arctic native americans. sheesh, some people can be so insensative.

"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

[DSE 5]

I agree with you Bill, excepting that the "rules of the contest didn't preclude Mormons or handicapped lesbian deaf eskimos. In other words, "You're a winner in our contest until we found out you're not Mormon and we failed to mention that you must be Mormon in our rules."
No one would prevail in a lawsuit, but I don't think it's the legal principle that matters here.

[livendive 8]

Given that the contest was for the "LDS Church News" weekly supplement, I think it's ok.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[billvon 3,120]

> I agree with you Bill, excepting that the "rules of the contest
>didn't preclude Mormons or handicapped lesbian deaf eskimos."

Right. I didn't say it was a fair competition. But it's their competition and they can be as unfair as they want.

[DSE 5]

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Given that the contest was for the "LDS Church News" weekly supplement, I think it's ok.

Blues,
Dave

RE-READ the story. The contest was for the Deseret News. The editor of the Deseret News liked the story and submitted it to the Deseret News supplement, LDS Church News" who accepted it for publication prior to telling the young girl's mother it couldn't be published because she's not Mormon.

[pirana 0]

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Unfair to the kid, but as a newspaper they can do whatever they want. Certainly not illegal or anything. They could restrict it to handicapped lesbian deaf eskimos if they wanted.

hey, that's handy-capable alternative lifestyle hearing impaired arctice native americans. sheesh, some people can be so insensative.

I lost eligibility on the last adjective.

Damn, so fucking close!

" . . . the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging them and kicking them into obedience." -- Aldous Huxley

[Andy9o8 2]

Here's how it works:

Generally: If a contest organizer cheats a contestant out of winning, or the chance to win once they had entered and participated - and in doing so, fails to follow the rules of its own contest (and the contestant did follow all the rules), that could be a claim for breach of contract and fraud. (Even if there's no signed "contract"; that's still what it's called.)

By the way, sometimes an absence of certain rules helps define the rules, and this is a good example. The rules didn't specify a religious membership requirement, so it's argued that "declaring" such a requirement after-the-fact is tantamount to adding a new rule after the contestant already participated under the old rules. But the "bargain" - the "contract" being sued upon, is defined by the old rules. And the old rules are those that were made clear to the public, not those that the organizers failed to disclose.

In this case, I think it hinges upon whether the (a) kid submitted the essay, or at least knew and authorized, in advance, that it be submitted for her, or (b) the kid didn't know it would be submitted. If the former, there's a potential case; if the latter, not.

One caveat: juveniles are usually deemed incompetent to enter into binding contracts (regardless of whether their parents "sign for them"), so that might knock out a breach of contract theory. It would not, however, knock out a fraud theory.

[DSE 5]

Frankly, I think the mother would be a fool to sue. Bad lesson for the child, and a sure loss of the lawsuit. Pretty hard to sue a religion over something like this, whether it's warranted or not.
On the other hand, I hope she contacts media world-wide. The little girl (who was just on television news) said she wrote and submitted the essay without her mother knowing "hoping she'd win the 50.00 so she could buy her mom a nice gift this year." Apparently several people have made small donations, so that "nice gift" is likely happening anyway.

[Squeak 17]

if there any mention anywhere else regarding "FUll Terms & Conditions", this is generallt where the thing like exclusions are to be found

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

[Krip 2]

Some churchs have recently been sued a lot of $$$$ not for what they did. But for what they didn't do.

Fire a pervert child molestor priest? Hell no we can transfer him to another chucrh to increase his victim pool.

I'll side with the lawyers opinion until the judge and jury make a decision

[DSE 5]

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if there any mention anywhere else regarding "FUll Terms & Conditions", this is generallt where the thing like exclusions are to be found

Here is the entire article/request for entries.
########################################################
Share your memories of favorite Christmas
Deseret News (Salt Lake City), Nov 23, 2007

For more than 100 years, the Deseret Morning News has published original Christmas stories, and in 1959 the paper started sponsoring what has come to be known as "Christmas I Remember Best."

Entries are now being accepted for the 2007 contest. The stories should be original and approximately 700 to 800 words in length, or approximately two typewritten/printed pages, double-spaced. The winning entries will be published in the paper the week prior to and on Christmas Day.

The editor/judges prefer stories that cover a wide range of Christmas experiences, including humor. Ideally, stories should be written using a computer. Legible handwritten entries are acceptable. The author's name, address, daytime and evening telephone numbers and e-mail address (if the entrant has one) must be included.
Four to six stories will be chosen for publication, and the Deseret Morning News will present an honorarium of $50 to each winner.
The deadline for submission is Friday, Dec. 3. Address or deliver entries to "Christmas I Remember Best," c/o Deseret Morning News, 30 E. 100 South, Suite 400, P.O. Box 1257, Salt Lake City, UT 84110. Fax 801-237-2528 or e-mail johnson@desnews.com. For questions or more information, call 236-6000.

###########################################################

Perhaps the argument might be made that "over 100 years ago" there were only Mormons reading the Deseret News, and they've just never changed the rules, but at some point, they've obviously changed the rules because "over 100 years ago" there were no computers, but computers are specifically mentioned. Maybe they could argue that the "For more information, call" would have yielded more rules, except again...more than 100 years ago, there were no phones... (lame, but I'm being pissy).

[Squeak 17]

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... (lame, but I'm being pissy).

Not at all from hat you have posted i can see grounds for appeal

You are not now, nor will you ever be, good enough to not die in this sport (Sparky)
My Life ROCKS!
How's yours doing?

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