In January, I won a Fitness Makeover essaycontest through a local CBS
station. I was promised a personal trainer, shoes, workout clothes,
etc., but did not receive these.  What sort of legal obligations do
they have to me?  I would be willing to provide much more information,
such as who the trainer was who put on this contest, but I don't want
to put my question in jeopardy.  So, if you need any more info, let me
know.

Basically, what are the laws in California when it comes to contests?

Hello.

First of all, I must note that Google Answers provides general
information and is not intended as, and should not be taken as, a
substitute for professional legal advice. If you need professional
legal advice, you should contact a qualified attorney in California.

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The California Department of Consumer Affairs has an excellent summary
of California contest law at:
http://www.dca.ca.gov/legal/u-3.html

The key provision here is Business and Professions Code §§ 17539.1(a)(7) & (a)(8).

"17539.1.  (a) The following unfair acts or practices undertaken by,
or omissions of, any person in the operation of any contest are
prohibited:
...
(7) Failing to award and distribute all prizes of the value and
type represented.
(8) Representing directly or by implication that the number of
participants has been significantly limited, or that any particular
person has been selected to win a prize unless such is the fact."

source:
California Business and Professions Code
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17530-17539.6

Thus, § 17539.1(a)(7) requires the contest operator to award the
prizes represented in the contest.

So if you won something in the contest, you're entitled to the prize.

Additionally, 17539.1(a)(8) prohibits the contest operator from saying
that you won something unless you really won it.

In other words, it's illegal for them to SAY that you won something if
you didn't really win it.


If the contest operators are breaking law, California law provides
criminal and civil enforcement provisions.  These are summarized on
the Department of Consumer Affairs web site:

"ENFORCEMENT
(Business and Professions Code sections 17200, 17534-17536)
 Any person who violates the provisions on operation of contests or
sweepstakes is guilty of a misdemeanor, and may be prosecuted by the
Attorney General or by a district attorney. These provisions also are
enforceable by civil court actions which can be filed by private
parties, district attorneys, city attorneys, county counsel, the
Attorney General and other agencies of the State. Depending on the
nature of the action, remedies, may include civil penalties of up to
$2,500 for each violation, injunction, and restitution. A contest or
sweepstakes which violates these provisions also may be subject to an
additional civil penalty of up to $2,500 for each violation as an
unlawful business practice."
http://www.dca.ca.gov/legal/u-3.html


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search strategy:
california "contract law" contests
"find california code"

I hope this helps. Good luck!

This was very helpful!  The funniest thing of all is that this guy
used to be a lawyer.