FLOOZ $130 UPDATE! Help!

[zeester]

Sent an email to the one listed in the original message board, [email protected], and just got this response. Tax information? What the heck! Help someone!

Subj: Acer America's On-line Testing Programs
Date: 7/27/01 1:03:10 PM Pacific Daylight Time
From: [email protected]
To: Ca

File: att1.htm (353 bytes) DL Time (TCP/IP): < 1 minute



Hello, thank you for taking part in Acer America's Acer Lethal Weapon on-line testing program. In order to process your Flooz dollars claim you are required to fully complete our Acer Authorized Reseller application which can be found on our web site at: http://ackc.acer.com. Once you are a member of our AARC (Authorized Advantage Reseller Challenge) program and have completed all of the requested
information including your computer reseller business name, address, business phone numbers, tax resale
certificate information, etc. we will process your Flooz dollars claim. End users are not eligible to receive
Flooz dollars awards in the Acer Lethal Weapon program. However, end users are encouraged to take the ALW tests for fun.

Regards,
Sue Vincent

[zeester]

It looks like they have realized their screening process foepah--the form I'd have to fill out requires tax numbersa and all kinds of stuff. For you all who got their Flooz, consider yourselves LUCKY. Basically you have to work for a registered Acer reseller, usually a company or whatnot, and your company's manager would have to authorize you to participate. Bunch of hoops to get through. If anyone gets through them, let me know. I don't think I want to play with tax/government stuff!

[dallas4u]

Aww man, you beat me to it! I was about to post the same letter! Man, this whole time I have been scouting out what I want to buy with the Flooz and now it AIN'T COMING!!!

[zeester]

There might be hope yet. I'm in the middle of writing a letter to Sue to tell her that the website says nothing about having to fill out all those forms. The site says...

If you are an AARC Member:
Take test and Earn $10* of Flooz® per test you pass!
OR
If you are Not an AARC Member, you can still take the test,Take test but you won't Earn the $10* of Flooz®.
OR
Become a member. Fill out our short form and Earn $10 of Flooz® per test you pass!

This is misleading and says nothing about having to fill out any other forms! The additional forms emailed to me were NOT short! Have some lawyer friends (go-lawschool), and this could be false advertising. They should honor their offer!


[Edited by zeester on 07-27-2001 at 02:52 PM]

[dealseer]

Let us know how it goes zeester. You are right. The site never mentioned that.

[bugaboo]

this is @#$$ if it does come!

[vabrave]

I received the same letter from "Sue" and replied backed to her in a nice way telling her the it was bulls*t and was not a part of the original agreement.

[mysterX]

I did the same(emailing here back) telling her that she manipulated the offer. I print out a copy of the web site just in case. We were like trading emails for a duration of 20 minutes. In the end she asked for my name and address. So, there's probably light in the end of the tunnel. :deal:

[twiggyop]

I love owning my own computer company...I can probably get through these deals without having to argue law!

[TheLoneGunman]

There is a principle called "unclean hands"

None of you (that I know of) were ever "invited" to take these tests. Instead you used a "stolen" link posted from this board or others like it. Because of this, you have no standing to sue.

Then again, last time I suggested morals or ethics here, I was soundly flamed.

[dixmj]

Hi I am new, I sent you an email, I hope that was ok. Thanks in advance for your help, Mark

[INeedAVacation]

Originally posted by TheLoneGunman
There is a principle called "unclean hands"

None of you (that I know of) were ever "invited" to take these tests. Instead you used a "stolen" link posted from this board or others like it. Because of this, you have no standing to sue.

Then again, last time I suggested morals or ethics here, I was soundly flamed.



We had to be invited? The site said, "If you are an AARC Member:
Take test and Earn $10* of Flooz® per test you pass!
OR
If you are Not an AARC Member, you can still take the test,Take test but you won't Earn the $10* of Flooz®.
OR
Become a member. Fill out our short form and Earn $10 of Flooz® per test you pass!"

Where does it say we must be invited to participate in the offer?

[TheLoneGunman]

The ORIGINAL offer was different (as noted by others above)

[zeester]

No standing to sue? Stolen link? The link really isn't stolen. It exists. It's not hidden and it's not hard to get there from the original home page. If this ever went to court, an easy question would be to Acer--you own a computer company, you are familiar with the web, is it possible for any websurfer visitng Acer's sight to come by and see the offer and want to take the tests, with free money waved in their faces? The answer would be yes because if you go back to the original website, which is what I did, it's easy to see the training center and try and get free money.

Who doesn't want free Flooz for taking some tests? One could call it unclean hands, yes, but if you look at law and what Acer's fopah was, one could say, there isn't much leeway for Acer if it was obvious from that website that it INVITED people to become members by filling out an easy form to get free Flooz. They are professionals in the business and its pretty foreseeable in this computer techy industry that lots of people would hit the website.

I looked everywhere before taking these tests to see if there was small print keeping me from getting free flooz. There wasn't anything in sight.

[ryan_self]

I got the same reply from 'Sue,' and I'm bitter. I had this Flooz all planned out, and now they take it from us.

Were we the ones intended for the survey? Nope. But when they put the offer out there, the offer was extended to anyone. I say they owe us, and I plan to raise a stink.

[cratervalley]

My feeling is if I get it -- I get it. Otherwise why sue them? I am not a certified Acer retailer, nor did I actually study to take the tests. I am sure most of you cheated as well, and are not certified Acer resellers so there is no recourse.

[HomerJSimpson]

I love these threads about dumb*hits who yell
"URGENT! HELP! FIRE! FIRE! I got ripped off by this company I was trying to rip off" everytime they don't get something for free that they didn't earn or were ever entitled to. These people sound like they're on welfare or something.

[Kermy]

Originally posted by HomerJSimpson
I love these threads about dumb*hits who yell
"URGENT! HELP! FIRE! FIRE! I got ripped off by this company I was trying to rip off" everytime they don't get something for free that they didn't earn or were ever entitled to. These people sound like they're on welfare or something.

Agreed

[zeester]

Let me just clarify my position (and maybe other's at the same time). I don't think anyone should sue. I don't think anyone would pay for that! After all, it *is* free money. But it's also a free shot at getting free money, and I think anyone has the right to try the best they can to get it. That's the point of these forums and Apex right? No one is doing anything illegal here, heck I'm not even trying to *rip them off*, I just wanted to take part in their offer. The website said if you're not a member you'd have to fill out the short form. I followed the directions and everything. The email/link that was ultimately sent to me saying that I had to fill out TAX information is a bit ridiculous. If Acer didn't want to give out free Flooz anymore, or offer anything, they should have killed the offer. Instead, they noted that the FLooz deal would not be available after August 1st. That's almost a sign that they are keeping the deal open.

I'm not complaining if I don't get it. But I will complain to Acer *to* get it, because after all, they did advertise something, and legally, they should be held to their offer. There wasn't even a disclaimer on that website that said that they could take away the offer at anytime, like other sites we have seen in the past.

I don't think we're yelling fire. I mean, I can't speak for everyone, but I'll be happy if I get the money and I'll be fine if I don't. I don't care so much to sue or complain. I emailed Sue back to complain because they aren't entitled to request all the information they did--they should have just said, the deal is no longer valid, thank you, rather than giving a run around.

Bottom line is--most of us are on these sites looking for deals by trying to fill boring gaps in our day. Apex gives us something to do.

[ryan_self]

Zeester is absolutely right. NO, I'm not some welfare ******* who feels entitled to free stuff, but when an offer is made, I do expect the sight to follow through. I realize that most of us have become so cynical as to expect that companies never keep their promises, but it's not unreasonable to expect ACER at least give out the Flooz they owe.

Remember, it was their idea to put this website offer up. They could have put any number of qualifiers on it when it began, but they didn't.

Now that the response is great, they've decided this doesn't seem like such a good idea anymore.

Well I say F*** THAT, it's not greedy, unclean or anything sketchy to expect a company to follow through on an offer. If they don't we all have the right to claim false advertising. Of course, I can't imagine any of us have the time to actually sue, but I'd be willing to jump into a class action suit if it came to it.

I plan to email "SUE" until I get my Flooz.

[faither]

Let it go. As broken-hearted as I was about the mispriced Neiman-Marcus submarine or computer for $2, I let it go. When I fill out all those t-shirt and hat requests intended for specific audiences and I don't get them, I let it go (and I own my own computer company). Homer had it right earlier, this is typical "I want something for nothing" (a couple of forms notwithstanding) mentality. Put your efforts toward a productive endeavor...get a boyfriend or girlfriend, maybe a job (or maybe a job that challenges you).

[zeester]

Hey Faither-
What if we have all of those above that you mentioned? A boyfriend, a job, etc.? It's interesting how everyone else cares so much if a few others would like to send a couple of extra emails to inquire about a deal. $130 is just a *little* more than the chance at a $2 tshirt and I know I could put it to good use. So, an extra email or two isn't much more work for me, and I don't know why it should matter to you. Of course I wouldn't email some website asking about the free shirt I filled out a survey for!

And you know, the ones who are criticizing are the ones who are actually keeping this thread alive!

[ryan_self]

I, like zeester, am not suffering at all in the way of lovin' and gainful employment. And I agree that $130 at some bad ass stores is far more worth nagging for than some stupid t-shirt, pen or hat.

Half the free stuff on gotapex is crap anyway (free coffee sample!) When something this good comes along, it's worth taking a swing at it.

[faither]

My second and last post on this topic, so as not to keep the thread alive forever (though we're probably approaching the beaten horse stage)...

This is America -- and of course you're entitled to something for nothing -- but as far as I'm concerned, best as I can tell, you were not the intended audience for the deal. If, through their own vagueness/stupidity, Acer did not properly frame the deal, the company's first e-mail to you should have been explanation enough. I'm no lawyer but vagueness/stupidity -- that causes you no harm -- should not entitle you to damages or $130 in Flooz.

[ChrisMG187]

Speaking of a beaten horse... WHERE THE F*CK IS MY PONY?!?!?!?!

[Dromeda]

Chris, haha LOL, WHERE'S MINE TOO!

[zeester]

Yeeee haw!:-D

[mysterX]

Hey Zeester, any news on your part yet?

[vabrave]

I have sent my big huffing and puffing email, to no response as of yet.

[overama]

Knowing that I sent 2 polite emails to her already, and expecting that a lot of other people have too, I don't think that Sue is having a very good end of July.

Kinda makes me smile a little...

[zeester]

I'm sitting in a law office as we speak right now...haha nah not because I plan to sue Sue...I work here!

Unfortunately, no news. I emailed two or three polite emails, but I think they may have gotten lost in the ton of hate emails she has gotten. Boy she must hate her job right now. Hey Faither--maybe you shoudl tell her to find a challenging job. Oh wait, she's got a challenge now that everyone has emailed her. See? We did her a favor!

I'm just kidding. Well, maybe I'm not.

I think I'm about done with Flooz, especially with the trouble everyone else is having. I sure like spending it tho!

[TheLoneGunman]

Originally posted by zeester
I'm sitting in a law office as we speak right now...haha nah not because I plan to sue Sue...I work here!

Unfortunately, no news. I emailed two or three polite emails, but I think they may have gotten lost in the ton of hate emails she has gotten. Boy she must hate her job right now. Hey Faither--maybe you shoudl tell her to find a challenging job. Oh wait, she's got a challenge now that everyone has emailed her. See? We did her a favor!

Perhaps you will one day learn of the term "harrassment".

Hopefully "Sue" will sue you for harrassment and internet stalking.

Had she actually "done" anything to you, I might feel different, but in reality you haven't.

In fact, let me issue this challenge to you and the others that are moaning about this. Prove to me that you have actually resold computers (in a program similar to Acer's) in the past 6 months and also that you could pass tests similar to those presented WITHOUT the cheat sheets or other assistance and I will personally PAY YOU $130 in cash. If you can't, then please affix the title "unsuccessful thief" to yourself.

[faither]

Scathing commentary from TLG. The gauntlet has been thrown down. Now it gets interesting.

[INeedAVacation]

judge not yeast yee be judged.......dork

[ryan_self]

Lone Gunman, I understand that you've been on Apex since before God, but you can seriously be a pompous ******* sometimes.

We all know why we're here. To get free ****, the overwhelming majority of which we don't deserve. Don't get all high and mighty now.

[zeester]

Wow TLG. I'm scared. If you could read and write I might truly be worried. Now, since you reposted some of what my last post was, one would think you read it closesly. BUt it seems that you haven't since you ignored the fact that I basically said that I had given up on the free flooz! So, just for you TLG, I thought I would beat the horse a little more for you in your honor and throw out these points: (btw, thanks to all who watched my back and called TLG on his pomposity!)

1) I never knew three polite emails =ed harassment or internet stalking. In fact, I still have the emails in my outbox if you would like to see them.

2) If you've read any of my previous emails, none of them contained any "moaning." The first email that started this thread basically said "For those of you who got in on this deal, consider yourselves lucky." I might have said "Help", but I don't think you could call that an attempt at being a thief.

3) I agree with ryan--don't tell me you haven't at least tried to get in on some free money. Why the the hell else would you be on Apex?

4) As for your "challenge"--my issue was not with Acer's policy on being a reseller. When I emailed Sue, I TOLD her I WASN'T a reseller but had followed the directions on the website and expected the money. If you paid any attention, the website said IF YOU ARE NOT A MEMBER that you can fill out the forms (not ones requiring tax information), take the tests and get free flooz. If you know anything about law, advertising, or just common sense--if a website is easily accessible and misleading like that, a company can be held liable if it was reasonably foreseeable that people would be misled and that the mistake was not properly corrected after the company was notified of its mistake. In other words, it wouldn't matter if I were not an Acer reseller. What I would have to prove is that it was reasonably foreseeable that I was misinformed by the website's directions, guarantees, etc, and that it was reasonably foreseeable that other people could have followed suit. Of course, this is something that is not worth wasting the court's time with, but it seems to me that you feel like people are moaning and groaning without any reason. This has nothing to do with being an Acer reseller.

As for taking those tests without the cheat sheets, yes I would be able to pass them. Not because I'm saying I know everything there is to know about Acer, but because Acer's website said that you could take the test as many times as you wanted to to pass. How hard is it to bubble and go back and correct mistakes to pass?

TLG, please smile a little more and quit criticizing other people without just cause. It just isn't healthy. :-) You seem unhappier than any of us who didn't get in on the Flooz deal.

[ryan_self]

I too have given up on the Flooz deal. But it was a fun run for a while.

By the way, nice essay zeester - I think you summed up our points nicely. We're not scammers, or theifs, or moaners, we're just people who like free stuff. When we don't get it, yeah it sucks but it's still all in fun.

[INeedAVacation]

ditto zeester

[overama]

...and she's not warming up yet!

I send Sue yet another email (my second) this afternoon requesting more information as to why I am having trouble receiving my Flooz. Sue sent me this email back:

------------------
Hello,

Are you a Acer Authorized reseller?
If not does your company sell Computers, notebook,
desktop, Service,?

If yes please provide me your reseller number.

Thank you,
Sue
------------------

Here is the final (I hope) email I am sending as a response:

-------------
Sue,

Wow - has this become painful. Two thing:

In answering your question, no, I am not an authorized Acer Reseller. However, in answering your second question, the company I registered under and work for, XXXXXX, is in the computer field. We are an XXXXXXXXXXXXXXXXXXXXX. In case you need it, my email address at work is XXXXXXXXX.

The part I am still confused about is - I found your site, surfed around, and got to the test page. The page clearly stated that if you were not an AARC memeber, you could take the tests for fun. However, if your were registered, you would be eligible for $10 Flooz dollars per successfully completed test. Based on this, I registered (via the link on the page) with accurate information about myself and took/passed several tests.

Based on this, Acer needs to uphold their end of the promotion and provide me with the Flooz awards that I am entitled to for passing the tests (I don't remember exactly how many I took or passed).

I do hope that this is the last roadblock email correspondence that we need in order to settle this issue.

Thank you again for your time.
---------------------------------

I will keep everyone posted on any response I receive.

[overama]

After waiting days for other responses from Sue, now she responses within 5 minutes with this response to my previously mentioned email:

-----------------
Sorry, Inorder to received the flooz you must be an Acer authorized
Reseller.(sell computer, Desktop, Notebook, Server)

Sue
-----------------

Sent her another one, but it might be futile.

Oh well, at least we all tried.

[overama]

...I have sent good 'ol Sue another email requesting more information as to why I don't qualify for the Flooz based on the original rules that were listed on the site. I included a copy of the registration email I originally received - this was all that was originally required in order to take the tests and win the Flooz.

One thing different I did this time - I also copied Stu Carson on this email. His name was listed at the bottom of the registration email as Sr. Marketing Director. I guessed at his email ([email protected]) the first time, and the email was returned as undeliverable. Second attempt ([email protected]) went through, so we'll see if this helps.

[zeester]

Good luck Overama! and to the rest of everyone! Keep us posted! :)

[ugotcarrie]

WOOHOOO
A Fighty between the "locals". GO GO GO Get the high and mighty one!

[YanksFanRy]

In regard to the fact that some people can't handle people trying hard to get their free stuff, if they wanna do a little work for something, so be it. Let them do whatever the heck that want. Why does it matter to you? Is it much of your business? Yah, the Flooz would be nice, but I'm not willing (or THAT interested) to write e-mails or anything, but if some people are, good for them! If others aren't, that's their choice. Not a big deal folks.

[dsscube]

Here's my thought on the matter...

Based on the e-mail I just received from sue all we need to do is make up a business name, give phone numbers to our voice-mail, and take a quick trip downtown to get a tax certificate for a small business (most states will issue these on the spot, some states no charge). Fax the info to her and then she will send the flooz.

[Littlejason99]

So instead of doing some honest work to make $130, you would rather spend all your time trying to scam acer out of it? Sheesh, I can probably bet that not a single one of us sells acer equipment. It was intended as a promo for their resellers, you learn about their products and they give you some money as an incentive.... just let it go people...

[ryan_self]

While I would agree that going to get a tax # is a bit much, no one has the right to say who this deal was for. Remeber, the original deal said that even if you're not a reseller, you had the option right then and there to sign up so you could become eligible for the flooz.

They f'd up when they worded this so anyone could get in, and now they want to retract the deal. No matter our reasons for wanting this flooz, I think anyone can see that Acer should share the blame for this fiasco.

[gear02]

How many people are Acer resellers anyway? Like two?

Hell Bestbuy and compusa don't sell acers anymore. Acers are like a bag of Sh*t, only they're less useful.

=)

[cratervalley]

Add up all the time you spend trying to get this deal to go through (getting a tax license [paying the fee], complaining to Acer, etc. etc.) and divide it into $130 and you will realize it isn't worth the effort.

[TheLoneGunman]

I'm looking for a deal on a desktop.

Can any of you "Acer resellers" submit me a bid?

[ryan_self]

Hey Gunman, I got a deal you can't beat.

Stop being a prick for 5 seconds, and I will personally deliver the desktop of your choice.

[faither]

Wait a minute. TLG injects a little of the time-honored art of sarcasm and Ryan gets nasty. There's no need to make it personal.

Further to an earlier point that no one has the right to say for whom the deal may have been intended, that's wrong: Acer has the right. The deal was intended for Acer resellers. For those that were not already Acer resellers (implied but not stated that you were already a resller of other computers), you could become one. Not, "You can fill out a form for free bucks." Also, it's not unreasonable to ask for a Tax ID number before they dole out any goodies (especially if Acer expects to write-off any of this).

[ryan_self]

TLG just comes off to me as one of those guys who can't keep his nose out of everyone's business. It's not enough for him that some want to pursue this and some don't, he has to jump in with his self-righteous 2 cents.

I say self-righteous, because OF COURSE TLG has NEVER gotten anything from GotApex that he didn't deserve or wasn't intended for him.

You know what they say about people who live in glass houses...

[zeester]

Faither-
I could try and explain the issue to you again, but ah, what's the use.

Implying things in the legal world will get you into some deep doodoo. Believe me, I know! You have to be straight forward, or else debates and discussions will ensue like the one this forum presently has. If Acer was correctly straightforward, none of this would have happened.

Why people care so much about other people's business, I don't know.

[faither]

zeester,

You can save your breath on the explanation. I understand your position -- I just don't agree with it.

Did Acer screw-up? Sure they did. Their offer was ambiguous at best but that doesn't entitle anyone to redress. If push ever came to shove and you took it to court, you'd lose, but hey, if a couple of e-mails gets you your Flooz, "You go, girl."

[TheLoneGunman]

Hello, I wanted to respond to your e-mail personally since it's obvious your are frustrated with our "Lethal Weapon" promotion. The Acer Lethal Weapon program is a program designed and offered to Authorized computer resellers of Acer America.
In order to participate in the program and be eligible to earn Flooz dollars for taking and passing tests and earn cash spiffs for then re-selling Acer America products to end users. Computer Resellers need to register on our web site and complete the entire Acer reseller profile which includes several pages on information including tax re-sale certificate numbers, etc please fax re-sale certiticate to 408-922-2949.
We also offered end users the chance to take the tests on-line for "fun" which was clearly spelled out on our web site. We've had a hand full of end users who took the on-line tests who accidentally thought they earned Flooz dollars which wasn't the case with our program.

I'm sorry if you feel Acer is changing the rules on our promotion. Our intention was and still is to offer it to Acer Authorized computer resellers. Sue Vincent would be more than willing to work with you to verify your company information as an authorized computer resellers
and then process your Flooz claim.


Regards,
Gregg Prendergast
V.P. Sales & Marketing
Acer America Inc.

[overama]

TLG,

I got the same email from Gregg yesterday. I have not given up on this deal yet, especially since know I know for sure that Gregg's "personal response" is not quite so personalized (as I figured, since it was sent from Sue Vincent's email address).

I emailed back and forth with Acer yesterday, including an email from Stuart Carson ([email protected]) basically stating the same thing that everyone else has (i.e. the contest was designed exclusively for Acer Resellers, which was not stated on the test page originally). He even stated that any prudent company reserves the right to stop a contest at an time. I told him that there were no disclaimers or terms/conditions on the site other than register, take/pass the tests, and win the Flooz. Somehow, this doesn't seem right.

At this point, now that I have a few names and email addresses, I plan on going through Planet Feedback to hopefully get this situation directed to somebody else at Acer. I have a full letter drafted up, including all relevant email correspondence.

We'll see what happens. I'm not crying over spilled milk - it's just that their responses to my questions/concerns have not been sufficently addressed.

[dallas4u]

Guys, I don't think it matters anymore... check out Flooz.com.

[ryan_self]

Wow...is Flooz dead?

It was only a matter of time. A star of such box office tour de fources like "Buddy and "Rocky and Bullwinkle" cannot waste her time shilling for online companies. :)