Bensbargains.net Giveaways gave me the prize after a sponsor flaked. thanx BBB!

tigerpants

tigerpants

CAGiversary!
old title:Bensbargains.net Giveaways Are A Sham, Or How I Learned To Live Without A PSP


Hopefully this is in the right place, if it's not, it should be in the gripes/venting section.

So I used to use bensbargains.net to look for deals whenever I needed a bargain on a fax machine or slingshot. CheapyD even mentioned them on the recent sanctuary4gamers podcast when he was the guest. One of the cool things about the site was the near weekly giveaways.

My story starts in September of last year when I was the lucky winner for a free Sony PSP via Cellularfactory.com. I was ecstatic, I never win contests, never. I wrote back Ben, the proprietor of the site, telling him my address where to ship the prize. He told me that he would contact the contest sponsor Cellularfactory.com and that typically you see your gift within a week or two. Three weeks later, I sent Ben another email asking what the status was, initially there was no reply, after another email, Ben responded. He said sorry for the delay and he was going to look into it. He also said if I didn't see the prize in a week, to shot him another email. A week later I sent another email, he said again he was going to look into it. He did mention that he was trying to get in contact with cellularfactory because there was a problem with another giveaway they had sponsored. Rinse and repeat…

Well, about two months later in about January of this year, these weekly email trades ceased. Ben stopped even bothering to tell me he was looking into it. I figured that was it, Ben had given up and there wasn't going to be a PSP delivered to my doorstep. I did try contacting Cellularfactory directly, they also apparently don't reply to emails.

This is a pretty crap situation and to some point, I understand Ben isn't really responsible, or at least legally, he probably doesn't have to provide anything, most likely cellularfactory reneged on the deal. There was at least one other winner of a bensbargains.net giveaway sponsored by cellularfactory. the gift was a apple ipod nano, I tried contacting all the winners of an ipod nano on ben's winners list. Everyone, but one, got back to me to tell me they had received their gift from a different sponsor. Which leads me to think, the person who didn't respond must have been the cellularfactory winner. Most likely they also didn't get their prize.

What really chaps my hide is that bensbargains.net still offer coupons and advertises for cellularfactory. I cannot believe that Ben takes money from them after they have ditched out on at least two contest where they promised to provide the gift. I'm still in shock how both of these companies respond, or actually don't, to attempts to contact them about the situation. As I sit at my desk, I can still see the dust covered GranTurismo and memory card I had bought for soon arriving PSP, I'm just so disappointed. At this point I just want someone/something to explain what has happened, maybe the PSP got lost in the mail, maybe they are backlogged, maybe cellularfactory is broke and can't buy one, I just want to know what happened.

So until, I hear why, I tell everyone I know don't bother with bensbargains.net.
 
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Well, if they had a problem with the CF company it is not their fault. The right thing to do would be to provide you with the prize anyways and they may still do it eventually, but right now it seems they are still trying to work things out with the CF.

My inclination is to think they have a direct advertising deal with CF and CF hasn't breached that deal, so it wouldn't be prudent for them to stop the ads if it is separate from their contest sponsorship.

Sucks though, hopefully eventually you will get your PSP.
 
I wouldn't blame Ben for the overall situation (that fault lies with CF) but he could have handled it better (especially if he stopped messaging you with the situation unresolved).
 
Does CF provide prizes for all of the site's contests? If not, I think it's unfair to call the giveaways "scams." Seems like this guy Ben is having an issue with CF, and he needs to resolve it.
 
I really hope you are right CheapLikeAFox, mainly for selfish reasons as at some point I'd get my prize. Clearly there is some sort of screw up. Neither BenBargains or Cellularfactory will respond to my attempts at communication. There is no evidence they are talking about this. I just don't understand how not replying to my emails/pm on his site, is ok.

Guerilla, honestly I don't blame Ben, it's also possible that I might not have actually been talking to Ben, maybe there is someone else who handles this. Not replying to my more than 4 emails, is outright lame. I also should say I was never rude or aggressive in the emails, even though the last couple I was clearly frustrated. And he should know that it's going to bring bad publicity. Earlier when he did respond he always said that he was "going to look into this" and "get on it" and then he would never follow up with what did happen. It's kinda funny as I have about 8 emails where he says these exact phrases, either he never did or he forgot what they said. He, or his employee, dropped the ball, right? At this point, it sure doesn't look like he stands 100% behind his giveaways, right? I hope time will prove me wrong, again for selfish reasons. For the record, if the psp did show up, I would reply to this thread and tell anyone who cares that Ben did come through and tell everyone about the happy ending.

darkslime, maybe, but i think a lot of people actually get their prizes, my feeling was that it was a genuine surprise to ben that i hadn't received my prize. i mark it up more to my crap luck to actually win then the sponsor is a dork.

bigdaddy, no, in fact most of his prizes are supported by other sponsors, scam is harsh word, in retrospect, my bad. as i said earlier, i'm clearly disappointed with ben and his methods through this, but with the exception of not replying to my emails, he's done nothing wrong.


Lastly, it's very possible that CF is to blame, totally, the possibilities range from they never planned to send a gift (super lame), the guy who said the ok to the contest left and the new guy has no idea what this is about (bad goof), or to they actually sent it and it was lost in the mail(bad luck). In the last case, they are totally not at fault. But why not tell me, let me know? What is clear is I never received it. If it the last scenario is the situation, surely there is a tracking number or insurance, let's cash it in, get something. And they don't look like jerks.

Perhaps the word scam in the title is too harsh. I'm sure 90% of these contests have a happy winner at the end. And it's still a decent place for deals, except for games, CAG is much better. But, I'm a reasonable guy, this isn't some Bernie Madoff plan, I lost exactly $0 out of my own pocket. And I accept I'm being a bit of a whiner. But what am I supposed to do, just take it and forget about it? That probably will be what happens. I have no clout, no real legal power and we're talking about a psp anyway, now if it was a psp go, I'd tell myself to shut up, ha. But until then, or until I get sick of complaining, I will yell from my soap box to anyone who wants to hear me, and also let this community know about cellularfactory and also how maybe signing up for Ben's giveaways don't always have a happy ending.
 
I'll change the title to sham instead of scam, I'm still annoyed but scam is really negative, sham is more toned down, which is closer to how I feel.
 
That sucks, sounds like most of the give aways are legit from the people you spoke with so hopefully its just a kink that gets worked out. Also being dr.strange cag, I approve of your title format.
 
Wow..totally forgot about bens bargains..used to check it every day...

also, you cant learn to live without a PSP if you never had one to begin with....that's like saying I am learning to live without teleportation
 
In this case ben should take some responsibility as the contest was hosted at his site. The least he could is said sorry the contest didnt work out or something.
 
[quote name='Malik112099']Wow..totally forgot about bens bargains..used to check it every day...

also, you cant learn to live without a PSP if you never had one to begin with....that's like saying I am learning to live without teleportation[/QUOTE]

you're right, perhaps another title change, it was a dr. strangelove joke, luckily the post before you caught it. but you are correct, i've never had one, and at this rate it appears i never will.
 
[quote name='62t']In this case ben should take some responsibility as the contest was hosted at his site. The least he could is said sorry the contest didnt work out or something.[/QUOTE]

exactly... via email perhaps.
 
If you are still determined to get your PSP I would suggest calling them. I always found you get better feedback when you call and speak directly to someone. Since Cellularfactory was the one who is suppose to issue the PSP, I would call them and explain the case. If that doesn't work I would try to write a letter. Yes it sounds ridiculous but I've spent hours on the phone before with little results, a simple letter to the company explaining my position got wanted feedback, and most of the time resolved the problem on my behalf. Old fashion letters are quite underrated.
 
this is great, this was what i was hoping for, ideas on what to do next. i was thinking about writing a letter, i know emails are essentially the same thing, but it's so much easier to press the delete butting rather than have to shred a letter. a call would probably be wise as well. why not?

i submitted a question to the free legal advice, we'll see what they say.

again thanks for the ideas, keep 'em coming!
 
[quote name='tigerpants']this is great, this was what i was hoping for, ideas on what to do next. i was thinking about writing a letter, i know emails are essentially the same thing, but it's so much easier to press the delete butting rather than have to shred a letter. a call would probably be wise as well. why not?

i submitted a question to the free legal advice, we'll see what they say.

again thanks for the ideas, keep 'em coming![/QUOTE]

Email is not the same thing as a written letter. Companies would take a written letter more seriously than an email.
 
Ok, I'm about to wave the white flag. Here's what I've done

I re-emailed ben at [email protected].

I pm'd ben at his website.

I emailed [email protected], which is the company that bought bensbargains.net over a year ago.

I called cellular factory, spoke with customer service, explained the situation. He said they'd give me a ring back with a follow up. They never called back.

I sent a letter to cellular factory, I've heard nothing.

I did find Ben's Giveaway policy, and clearly he is at least 50% responsible for the prize:

"Void where prohibited or restricted by law.


All entrants must be 18 years of age or older and legal residents of the United States.


Prizes will be awarded either by BensBargains.net LLC or by its affiliated Merchants in a timely manner.


BensBargains.net LLC and Merchant Partner reserves the right to substitute any and all prizes with prizes of equal or
greater value, if an advertised prize becomes unavailable.


Odds of winning depend on the eligible number of entries received for each drawing.


One entry is allowed per eligible individual. Multiple entries are void.


Winners are removed from eligibility for the remainder of the giveaway.


Prize winners are responsible for all federal, state and local taxes.


Prize winners will be notified by their registered e-mail. Winners must respond within 3 days with their valid shipping
address, or the prize is forfeit and a new winner will be randomly selected.


By accepting a prize, all winners agree that BensBargains.net LLC may post his/her name on the "Previous Winners" page and
in any and all media, including future advertising or publicity, without further consideration or compensation, unless
prohibited by law.


By accepting a prize, all winners agree that BensBargains.net LLC, affiliated merchants, and all of the officers, directors,
employees, representatives and agents of BensBargains.net LLC, will have no liability whatsoever for, and will be held
harmless by winner for any liability for any injury, loss or damages of any kind, to winner or other persons, including
(without limitation) injuries, loss or damages arising out of or relating to death, and, injuries, damages or losses to
property, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the prize or
participation in this giveaway."

I tried asking the legal website about my situation, they kept saying I was too vague. Oh well, I guess that's it, it is still possible it's on their todo list and in a year or so I'll be surprised, but at this point I seriously doubt it.
 
[quote name='tigerpants']

I tried asking the legal website about my situation, they kept saying I was too vague. Oh well, I guess that's it, it is still possible it's on their todo list and in a year or so I'll be surprised, but at this point I seriously doubt it.[/QUOTE]

this is just me, but i think that maybe you would get better advice if you actually went into/called a law firm? I know there are some firms that do free consultations. Just because they would be better able to assess then someone else sitting behind a computer somewhere, or maybe i just didn't comprehend your post right?
 
yes i agree, the website was the one mentioned earlier in the thread. this was where i sent my question. you're probably right a conversation would serve me better than just a question answering website, but i think in this context we're talking about a psp, most likely a refurb as that is what cellular factory carries. i think at this point it's no longer worth the effort. i'm just so surprised at the lack of responsibility by bensbargains.net and cellularfactory.com. and i would like anyone and everyone to know how these companies operate, because it's scummy.
 
[quote name='tigerpants']yes i agree, the website was the one mentioned earlier in the thread. this was where i sent my question. you're probably right a conversation would serve me better than just a question answering website, but i think in this context we're talking about a psp, most likely a refurb as that is what cellular factory carries. i think at this point it's no longer worth the effort. i'm just so surprised at the lack of responsibility by bensbargains.net and cellularfactory.com. and i would like anyone and everyone to know how these companies operate, because it's scummy.[/QUOTE]

true, it really depends how far you want to take it. if nothing else you could report them to the BBB because both companies didn't live up to what they promised, just like a bait and switch. i think it was even mentioned above that it advertises winners? if thats right, and not all winners are being awarded prizes then that is false advertising. but again how far are you willing to take it.
 
Two options: threaten to file in small claims court, or tell them you are an SEO expert and will set up a website dedicated to negative feedback against them.

Either way if Bensbargains are still taking ads from this company then they have made much more than the cost of a PSP off them and need to take responsibility.
 
[quote name='orcafan8']true, it really depends how far you want to take it. if nothing else you could report them to the BBB because both companies didn't live up to what they promised, just like a bait and switch. i think it was even mentioned above that it advertises winners? if thats right, and not all winners are being awarded prizes then that is false advertising. but again how far are you willing to take it.[/QUOTE]

Yea if nothing else, I'm not happy about my username being listed as one of the happy winners.
 
[quote name='tigerpants']Yea if nothing else, I'm not happy about my username being listed as one of the happy winners.[/QUOTE]

While the BBB has no legal authority, they might be a good place to turn. You could mention some sort of violation of both sites' privacy policies, as they did publish your user name without having lived up to their end of the deal.
 
[quote name='saturnotaku']While the BBB has no legal authority, they might be a good place to turn. You could mention some sort of violation of both sites' privacy policies, as they did publish your user name without having lived up to their end of the deal.[/QUOTE]
BBB sometimes does wonders. A couple years ago I signed up for comcast through an internet site offering a $250 amazon gift card for signing with them. I sent messages galore after waiting their ridiculous time that was in the terms. When they failed to reconcile the situation I filed a BBB complaint. Two days later I get an e-mail from the site with my amazon gift card code. Try the BBB next. It is all automated online. The complaint will be with Bensnargains would think. Based on the terms you listed they need to resolve this problem.
 
Ok I've hit them with the BBB stick, I'll update when/if I hear anything. To all the posters, thanks with this, I appreciate the support and the ideas. So thanks.
 
Today my psp arrived via UPS, via Dell, courtesy of internetbrands/bensbargains.

Thanks to all who helped in this matter, the BBB complaint did the trick. Internet brands, who is now the owner of bens bargains, apologized for the lack of communication along with the delay. They have decided to take responsibility for the prize as cellularfactory had reneged on the delivery of the gift. They also mentioned that they wouldn't use them as a gift sponsor again unless they provided the gift upfront. Which is fine by me, hopefully this doesn't happen to someone else. So I officially can recommend the bens bargains giveaways again and if you have problem, just go to the bbb.
 
[quote name='tigerpants']Today my psp arrived via UPS, via Dell, courtesy of internetbrands/bensbargains.

Thanks to all who helped in this matter, the BBB complaint did the trick. Internet brands, who is now the owner of bens bargains, apologized for the lack of communication along with the delay. They have decided to take responsibility for the prize as cellularfactory had reneged on the delivery of the gift. They also mentioned that they wouldn't use them as a gift sponsor again unless they provided the gift upfront. Which is fine by me, hopefully this doesn't happen to someone else. So I officially can recommend the bens bargains giveaways again and if you have problem, just go to the bbb.[/QUOTE]

Nice. Glad to see they owned up despite needing their arm twisted by the BBB. Now enjoy that new PSP! :cool:
 
Yeah, Ben sold his website to Internet Brands a few years ago. He doesn't do anything with the site other than providing "consulting" to the new owners. The site's really gone to shit ever since. They've now even implemented a moderator there who's on a serious power trip, dave_c who concurrently goes by Forum_Admin, or some douche-bag name like that. They've gone through banning long-time members, threads, and posts. I would advise everyone to find another deal site like slickdeals for your tech needs. I really enjoy seeing it die a slow death over there now.
 
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