Legal Question in Consumer Law in Georgia
I was the winner of a raffle for six flags tickets with free parking. on the night of the raffle,I was present but was informed that they forgot to bring the tickets and that they would be mailed to me. after waiting over a week, I received an empty envelope addressed to me and on the outside of the envelope the person wrote in black sharpie marker my address plus "SIX FLAGS TICKETS".the envelope was tampered with. I contacted the person that day and showed them the envelope and she was upset and said that she would file a claim with the po. and she said that she would try to see if any more tickets were available. after a few days of not hearing from her. I emailed her and asked for replacement or cash equilevant and was told no way. She didn't feel that she was responsible for anything. Do I have any recourse on this? or am I out the tickets.
we contacted the po office but since she didn't certify or insure. nothing we could do.
1 Answer from Attorneys
Did you pay money to enter the raffle? Maybe you could get your money back, but I doubt if they would refund that. You could sue to hold them liable on their promise to deliver the prize, however, they did deliver the tickets to the post office. Whether this is responsible or not is debatable, but I am not sure that they are a guarantor that you will receive the tickets. The holder cannot be liable for the acts of third parties who tamper with the mail. You can always sue the person who took the tickets, but you have no way of knowing who that is.
It sounds like the holder of the raffle is grossly disorganized. Have you tried calling Six Flags to see if they can cancel the tickets which were sold/given to whomever held the raffle and replace them with good tickets?
Was this raffle held by a non-profit organization that has a license to hold the raffle? If not, the holder committed a crime which should be reported to the police.
I am sorry - I think you are probably out of luck on this one.
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