800 dude, want to chime in on this? love your take.
800 dude, want to chime in on this? love your take.
A top all-time troll thread. Has all the hallmarks:
-Suspiciously absent OP, shows up infrequently and never answers the key questions that are addressed to them.
-Fake emails
-Legal advice
-Moral questions
I dont know if this was always on their site, but I found it just browsing around on the site:
"RULES & REMINDERS
– For the costume contest only: You must be present to win
– If you are in one of the winning categories and cannot attend the awards ceremony following the race, you must contact the Surfing Madonna Oceans Project to claim your prize money.
– Total prize money in 5K/10K/10M is split between male and female winners.
– You must be wearing your bib number to run/walk in the race!
***We support fair competition and have a zero tolerance policy for convicted drug offenders. If you have been suspended or banned from competing current or prior, you will be immediately disqualified. Any use, or prior use that affects your performance day of the race, of drugs, alcohol, performance enhancing medications or methods, or having an unfair advantage will grant you immediate disqualification from this competition."
The third rule clearly states that you will be splitting the money... I hate to say it, but just call the Charity and ask to pay in increments. You would hate for something as little as this to blow out of proportion.
Naughty List wrote:
Taking $900 (well, really $15000) away from a charity at Christmas time. Tsk Tsk
I know this is more tongue in cheek but will people stop accusing the runners of stealing from the charity. For some runners this is their livelihood and they depend money they win at races to get by. Some of these guys are just scraping by and this is a big hit to them financially. The guys at this race weren't Meb or Ryan Hall where they command big appearance fees just to show up. For elite runners prize money is not a gift its something that is earned through hours of work and sacrifice and this race director clearly has no concept of business of elite/sub-elite running.
So who's really the greedy one. The race who put up what at best can be described as misleading prize money listing paid the elites weeks ago and is now demanding money back with threats of lawsuits. Or is it the runners who feel the money they won was legitimate, had thought the money they accepted was what had been advertised by the race and in some case may have already spent the money to pay the bills?
Primo Numero Uno wrote:
A question for any lawyers or law savvy individuals, could an industry standard be applied to the prize money listing in order to support those who won prize money. Whenever a race lists prize money it lists the amount a race winner will win regardless of gender. Races never combine the prize money given to both Male and Females into one number on the prize money breakdown and then split it. This is the first time I have ever seen any race do this. Although it seems doubtful that the original intent was that the money listed was to be split between genders.
Since industry standard would lead someone in the running community to believe that the prize money listed would go to one individual, not split between male and female winners and it was never specified the money would be split wouldn't liability fall with the race? The race directors ignorance to standard prize money listings should not relieve him of fault.
Road running is not a regulated industry (like health care or financial services), so I don't think you could have "industry standards" for something as trivial as prize money waterfalls. A self-regulatory body like USATF could require certain protocols to be followed in order to be a "certified" race - they do this for course length so I guess they could for prize money as well.
Does anyone know what type of legal principle would cover this? I'm guessing a contract was formed, perhaps implicitly? In contract law, I think the standard is whether it was reasonable for each party to think that the other was being sincere (manifestation of mutual intent). Seems to me there was a manifestation of intent by the race by advertising the prize money in the way it did on its website and by handing the OP a big check.
Seems like the RD is claiming a mistake. In some cases, where there has been a unilateral mistake of fact, a contract can be voided, but the bar is pretty high - basically, the RD would have to demonstrate that the OP knew or should have known (not sure if either or both work, could depend on the jurisdiction) that the money that was advertised on the website and the check was the wrong amount. I don't think that's demonstrated by saying you can total up the prize amounts and get $15,000 only if it's split between the genders. It's not like he got a check for $15 million in the mail.
The RD said something about unjust enrichment, which would have arisen through their mistake. But basically, as they were the "drafters" of the terms, they would probably have to show that it is highly unfair - "unconscionable" as a matter of social policy - for the OP to keep the money. Or show lack of consideration, but our OP definitely gave consideration by giving up his time and entry fee to participate in the charity's race.
Just a bystander, but I don't see what legal claim the RD could possibly hope to have.
Kari12345 wrote:
The third rule clearly states that you will be splitting the money...
A few pages back wasn't it established that this has been added recently ? Someone has the Google cache of how it was ?
It was already determined and confirmed by the race director that they only added this third rule after the fact
Kari12345 wrote:
I dont know if this was always on their site, but I found it just browsing around on the site:
"RULES & REMINDERS
– For the costume contest only: You must be present to win
– If you are in one of the winning categories and cannot attend the awards ceremony following the race, you must contact the Surfing Madonna Oceans Project to claim your prize money.
– Total prize money in 5K/10K/10M is split between male and female winners.
– You must be wearing your bib number to run/walk in the race!
***We support fair competition and have a zero tolerance policy for convicted drug offenders. If you have been suspended or banned from competing current or prior, you will be immediately disqualified. Any use, or prior use that affects your performance day of the race, of drugs, alcohol, performance enhancing medications or methods, or having an unfair advantage will grant you immediate disqualification from this competition."
The third rule clearly states that you will be splitting the money... I hate to say it, but just call the Charity and ask to pay in increments. You would hate for something as little as this to blow out of proportion.
Kari12345 wrote:
I dont know if this was always on their site, but I found it just browsing around on the site:
"RULES & REMINDERS
– For the costume contest only: You must be present to win
– If you are in one of the winning categories and cannot attend the awards ceremony following the race, you must contact the Surfing Madonna Oceans Project to claim your prize money.
– Total prize money in 5K/10K/10M is split between male and female winners.
– You must be wearing your bib number to run/walk in the race!
***We support fair competition and have a zero tolerance policy for convicted drug offenders. If you have been suspended or banned from competing current or prior, you will be immediately disqualified. Any use, or prior use that affects your performance day of the race, of drugs, alcohol, performance enhancing medications or methods, or having an unfair advantage will grant you immediate disqualification from this competition."
The third rule clearly states that you will be splitting the money... I hate to say it, but just call the Charity and ask to pay in increments. You would hate for something as little as this to blow out of proportion.
How about you read the thread first before replying?
(Or maybe you're with the bad guys lol)
kartelite wrote:
How about you read the thread first before replying?
Agreed. I once jumped into the Mike Rossi thread with what I thought was a good point, but it turned out they'd discussed it on page 382. I felt like such an idiot for not reading the entire thread!
I too wish the Brojos would pull some IPs. Based on the wording used I would be surprised if all the posts trying shame the OP into giving some money back due to morality or the premise that the charity is going to lose out aren't coming from a small number of IPs.
esquire wrote:...Yes without a doubt. I wish the Brojos would pull some IPs
OP - Can I assume this the first purse you've won? It is considered bad form in the running community to accept prize money in races where the majority of the money goes to a charity.
For profit or only small $ go to a charity. Accept the prize.
Always be the better man.
I wish this was a troll thread and I really do apologies for both the infrequency and selected question answering of my posts. I am trying to walk a fine line between informing this thread about the situation and not giving out too much information because there may be an impending lawsuit for some of the runners involved. I do wish I could post the emails, texts and voicemails collected from the other participants showing the threatening nature of the RD. They would show that the majority of runners have tried to work with him, donate the money they can to the charity, and have been meant with pay in full or the lawyers will be called in.Please let me know which questions you would like answered and I will try my best to answer them.PS A common theme with the RD is “Do the right thingâ€
coach deez nuts wrote:
A top all-time troll thread. Has all the hallmarks:
-Suspiciously absent OP, shows up infrequently and never answers the key questions that are addressed to them.
-Fake emails
-Legal advice
-Moral questions
d2xccoach wrote:
I too wish the Brojos would pull some IPs. Based on the wording used I would be surprised if all the posts trying shame the OP into giving some money back due to morality or the premise that the charity is going to lose out aren't coming from a small number of IPs.
esquire wrote:...Yes without a doubt. I wish the Brojos would pull some IPs
just to prove all you conspiracy theorists wrong. Why do some of you think it could only be the RD thinking it'd be a good idea to return the cash? Not everyone believes it's a good idea to keep something that someone else would like to have returned.
You've obviously posted under at least 3 different names as you are the only one who combines your username into the next sentence
I wish they would also wrote:
just to prove all you conspiracy theorists wrong. Why do some of you think it could only be the RD thinking it'd be a good idea to return the cash? Not everyone believes it's a good idea to keep something that someone else would like to have returned.
Apparently you don't know what the word "prove" means.
Esquire wrote:
You've obviously posted under at least 3 different names as you are the only one who combines your username into the next sentence
a Cookie!!!
I think you should meet him in the middle somewhere. Return half the money or offer to volunteer at one or more of his/her races in order to pay off the $900.
You'll feel better about it in the end.
Hahahaha
How is this the runner's problem at all?
What he'd feel better about is the race director honoring the deal and not playing a hypocritical, judgmental blame/shame game
lexingtonheel wrote:
I think you should meet him in the middle somewhere. Return half the money or offer to volunteer at one or more of his/her races in order to pay off the $900.
You'll feel better about it in the end.
Everyone on the thread is aware of your idea at this point. You really don't need to keep posting the same thing over and over.
Rick wrote:
OP - Can I assume this the first purse you've won? It is considered bad form in the running community to accept prize money in races where the majority of the money goes to a charity.
For profit or only small $ go to a charity. Accept the prize.
Always be the better man.
No, it is not considered bad form to accept prize money at a charity race. Where do people come up with stuff like this?