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McDonald’s Pay with Lovin’ Promotion

  McDonald’s unveiled a new promotion at the Super Bowl whereby random customers entering each of their restaurants will be selected to have their meal on the house if they demonstrate a bit of “lovin'” such as by hugging their kids, calling their mother to say I love you, doing a dance, etc.

McDonald's

The official rules state exactly how the promotion works. Each day at the predetermined time, the first customer to enter through a designated door, will be an unofficial winner. After they place their order, they will be approached by a manager who will tell them their order is free if they perform a particular lovin’ act.

As with any sweepstakes where money might change hands, the first rule is always “no purchase necessary.” This is because most sweepstakes are played in the context of a purchase (such getting a Monopoly game piece affixed to drink cups at McDonald’s). So game promoters are required to tell customers how to play the game free such as just by asking for a game piece, or by submitting a request for one by mail.

Paying a price for the chance of a prize is the definition of a lottery, which only the state and charitable organizations are allowed to operate. So how does McDonald’s present the “no purchase necessary” entry rules for this promotion?

*MOUSE PRINT:

The unofficial winner will be notified by the Lovin’ Lead that they are an unofficial winner after placing an order at the counter [emphasis added] or if the unofficial winner begins to leave the restaurant without placing an order at the counter. Participants do not need to make a McDonald’s purchase of any kind to be deemed an unofficial or official winner.

That is certainly a little bit awkward for the person not intending to make a purchase. So to play without paying, you have to go up to the counter, and loiter a little, or place a really big order (since it will be free if you win) but then tell the cashier you were just kidding, and begin to walk out?

From a practical standpoint what non-purchaser is going to go through this ridiculous charade for a chance at a prize? No, not even MrConsumer.

This is a fun and imaginative promotion. And it certainly is understandable why they don’t want to tell a customer when they first walk in that they have won for fear the customer will place an order for dozens of free meals. But McDonald’s really should be offering a more practical no purchase necessary method for playing the game.

Oh, incidentally, just by walking into the store, you have pre-agreed to resolve any disputes by arbitration. What, you didn’t go online before ordering your Big Mac to learn this? And some would (rightfully) say that this part of the rules is more troublesome and surprising than the no purchase necessary part.

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Intuit/TurboTax Caves to Consumer Pressure

  After three and half weeks of stringing criticism from customers and the media, Intuit, the maker of TurboTax Deluxe, threw in the towel on January 29. The popular tax preparation software had been stripped of key functionality in a ballsy and blatant money-grab to extract an extra $30 to $40 in upgrade fees from regular users. The company is now going to offer free automatic upgrades to TurboTax Premier and Home & Business from within TurboTax Deluxe — the very thing we first called for back on January 6.

The company also vowed to restore all the missing pieces to TurboTax Deluxe next year.

Intuit president Brad Smith posted this apology on his Linked-in page:



Customers who already paid the $30 to $40 upgrade fee or who bought a higher edition of TurboTax will still be able to get a $25 rebate, but in many cases, it may not cover all their extra costs.

Intuit was taught a valuable lesson (again), but its history of practices designed to gouge its customers suggests it probably hasn’t really learned anything.

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Intuit Offering Partial TurboTax Upgrade Rebates


TurboTax Deluxe(BOSTON – January 22, 2015) – Following a public outcry from regular TurboTax Deluxe users who learned that the popular tax preparation software’s maker had stripped the program of key functionality this year, Intuit today apologized and somewhat reversed course by offering a $25 rebate to purchasers to partially cover the cost of having to upgrade to a more expensive version.

Without clear advance disclosure that its flagship product had changed and could no longer help users easily report all income from investments, self-employment, and rental property (Schedules C, D, and E), the company had sought $30 to $40 in upgrade fees disclosed partway into the program in order to restore its original functionality.

“Intuit offered a full apology but only a partial refund. They should be providing free automatic upgrades this year, and not requiring users to remember to send in for a rebate possibly months from now after they file their taxes,” commented Consumer World founder Edgar Dworsky. “The rebate doesn’t even cover the full cost of the upgrade in many cases.”

As of today, customers have posted over 1500 one-star reviews of TurboTax Deluxe on Amazon. And competitors like H&R Block have already offered disgruntled TurboTax customers their tax software free.

Dworsky launched a media blitz on January 6 to warn the public about the crippled TurboTax software, and to pressure the company to give all affected customers automatic free upgrades to restore the product’s full functionality. Until now, Intuit was only informally offering free or discounted upgrades to buyers who called to complain.

To save the company money, Intuit has narrowly defined who can get the $25 rebate. To qualify, customers have to had filed their 2013 income taxes using TurboTax Deluxe, and filed their 2014 return using either TurboTax Premier or Home & Business. And by using a rebate that can’t be submitted until one’s taxes are filed, the company will benefit from those who forget or can’t be bothered dealing with rebates.

UPDATE: Intuit has clarified whether you have to e-file or not to qualify for the rebate. If you e-file both the 2013 and 2014 return, their website can automatically validate your rebate request. If you paper filed, they will have to process the request manually by having you call their 800 number.

Intuit is not new to controversy or nickel-and-diming tactics. In 2008, it added a $9.95 fee to print or e-file a second return from TurboTax, but quickly rescinded the charge following a storm of criticism. And for years, it has arbitrarily “sunset” (deactivated) the online downloading and electronic bill payment functions of its popular Quicken checkbook software thus requiring consumers to buy a new version of the program every three years.

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