Legality Question - Releasing a small batch to a bar

Discussion in 'Beer Talk' started by tbm882, Jun 26, 2012.

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  1. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    What cause of action would that be?
     
    #41 Beerandraiderfan, Jun 27, 2012
  2. tbm882

    tbm882 Initiate (0) Aug 25, 2007 New York

    So here's the update...

    Consumer relations looked into this and had the Sam Adams rep. that organized the event contact me directly. In my previous conversations with Jacob Wirth they had placed the responsibility of backing out on Sam Adams. In talking with the Sam Adams rep. she placed the blame back on Jacob Wirth and on me for "assuming" that Sam would be brewing it for me. So in the end i guess this comes down to a "he said she said", terribly thought out, vague grand prize offer.

    The Sam rep. stated that what was actually advertised, was that the winner would have the opportunity to brew and bottle another batch/batches (on their own) to hand out at Jacob Wirth. Although the original advertisement was vague about how this would happen, it was NEVER advertised in this way. I guess it was a common misconception, but everyone i spoke to at the event was under the impression that this would be brewed in coordination with Sam Adams. Why would someone want to spend more of their money and time to produce a beer that would just be handed out to people for free, for an entire month. The cost of this alone would be astronomical for a homebrewer not to mention the time and effort one would have to put in.

    This being said, even if i wanted to pursue this costly option, Jacob Wirth has told me that they can't do this legally and actually asked me if i had a brewers/distributors license. Why would you offer a grand prize like this if you couldn't actually follow through with even featuring the beer? And why would i enter a contest to have my beer featured if i already had a brewers/distributors license?

    At this point no one wants to take the blame for this or offer any reasonable alternatives. I guess i take the blame for assuming that what you see is what you get. I suggested to the Sam rep. that i still think they would have legal options to distribute this, mentioned that there were other breweries that had done very similar competitions, mentioned maybe they could feature it at their tasting room, mentioned possibly bringing some to the extreme beer fest, and all she suggested in return was that i enter one of their corporate competitions(ie. longshot). No thanks. Jacob Wirth offered to have me invite my family and friends in for a tasting event, which honestly, i could just do on my own.

    So there you have it, i'm clearly frustrated, but it seems i hit a wall on this one. Any one out there have any similar experiences or further suggestions?? Anyone want to brew this for me....
     
    #42 tbm882, Jun 27, 2012
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  3. ShogoKawada

    ShogoKawada Initiate (0) May 31, 2009 Pennsylvania

    that's a major league bummer, dude. Really makes both JW and SA look like assholes.
     
    #43 ShogoKawada, Jun 27, 2012
  4. benbking

    benbking Initiate (0) Dec 11, 2009 Rhode Island

    Terrill, I blame you for entering. Honestly, what were you even thinking! I also give you credit for not saying some of the things we talked about on Gchat. Ha.
     
    #44 benbking, Jun 27, 2012
  5. leedorham

    leedorham Initiate (0) Apr 27, 2006 Washington

    They are making this sound like serving your beer would be some daunting feat but, in reality, all they would have to do is have any licensed brewery brew and keg a small batch of your beer. They could then legally purchase and serve that beer. Point being that they could make this right if they wanted to. It sounds like they just don't want to.
     
    #45 leedorham, Jun 27, 2012
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  6. benbking

    benbking Initiate (0) Dec 11, 2009 Rhode Island

    basically we talked about things like, the left hand not knowing what the right hand is doing, graduating college in 2010, and some other things about not being professional and some great jokes that would require photoshop and eventually apologies. So I think he did a nice job summing it up.
     
    #46 benbking, Jun 27, 2012
  7. Pahn

    Pahn Initiate (0) Dec 2, 2009 New York

    wow, what bullshit. grand prize clearly implies that they'll provide the beer... it's obviously impossible for a homebrewer to supply some restaurant with beer for a month (both cost prohibitive and plainly illegal).

    i think you should ask to talk to someone higher up than this representative. if they really did intend this to be the prize of the event, they're clearly incompetent and should not be doing that job. you can't get a job at a big company, and hold contests on the company's dime with the company's name, offering prizes that can't legally be given to the winner.
     
    #47 Pahn, Jun 27, 2012
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  8. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    Indeed. All too often, people will throw out questionable/illegitimate legal concerns as an excuse to not do something they don't want to do regardless of legality.
     
    #48 Beerandraiderfan, Jun 27, 2012
  9. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    Breach of Contract, Consumer Fraud
     
    #49 SammyJaxxxx, Jun 27, 2012
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  10. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    There was no contract in existence to be breached.
    He didn't consume/purchase anything.
     
    #50 Beerandraiderfan, Jun 27, 2012
  11. tbm882

    tbm882 Initiate (0) Aug 25, 2007 New York

    I won't be pursuing anything legally. I don't think it would work out and it defeats the whole point. I shouldn't have to beg for this, but i did want to get the word out.
     
    #51 tbm882, Jun 27, 2012
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  12. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    A Contest with a prize creates a contractual obligation.
    While I am not familiar wiht the Consumer Fraud Laws in his state, inmost states, failure to deliver a prize in a contest would fall under the Consumer Fraud Laws.
     
    #52 SammyJaxxxx, Jun 27, 2012
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  13. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    Did you read the part where OP mentioned his assumptions about the contest versus what was actually written in terms of the prize?
     
    #53 Beerandraiderfan, Jun 27, 2012
  14. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    I am not going to get into a legal argument with you.
    If he wanted to pursue it, there is a basis for a suit.
     
    #54 SammyJaxxxx, Jun 27, 2012
  15. Beerandraiderfan

    Beerandraiderfan Initiate (0) Apr 14, 2009 Nevada

    I agree there is a basis. I just don't think its a winner. There was no contract, there was never a meeting of the minds, there are zero to minimal damages. Just not the type of thing you drop thousands of dollars on to recoup a few, at best.

    He's handling it the best way possible to get the most ideal result: Public opinion. Even if there isn't something wrong in the legal sense that happened to the OP, there is definitely the appearance that the other actors in here are in the wrong in a more important way, i.e., its just wrong, not illegal.
     
    #55 Beerandraiderfan, Jun 27, 2012
  16. kmello69

    kmello69 Initiate (0) Nov 27, 2011 Texas

    The contest states "Winning home brew will be served at Jacob Wirth for 1 month" but it doesn't say who will serve it, who will brew it, or who will absorb costs. They found the loophole, which is a huge one, and they used it. Sucks, because you worked so hard for this, and then they just jerked you around. But there is really no basis for this to be a legal issue because of the vagaries of the offer.
     
    #56 kmello69, Jun 27, 2012
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  17. tacosandbeer

    tacosandbeer Pooh-Bah (1,760) Sep 24, 2010 British Indian Ocean Territory
    Pooh-Bah Trader

    So you found this on the official entry page I take it?
     
    #57 tacosandbeer, Jun 27, 2012
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  18. tbm882

    tbm882 Initiate (0) Aug 25, 2007 New York

    Agree 100%
     
    #58 tbm882, Jun 27, 2012
  19. JohnB87

    JohnB87 Zealot (673) Mar 14, 2011 Michigan

    Go to the news. Even if neither party makes it right, at least the word is out.
     
    #59 JohnB87, Jun 27, 2012
  20. tbm882

    tbm882 Initiate (0) Aug 25, 2007 New York

    I tweeted this thread to all the local breweries
     
    #60 tbm882, Jun 27, 2012
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