Smoked by Windows Phone contestant threatens legal action

The Smoked by Windows Phone campaign is taking another publicity hit, thanks to a man who claims he won the Windows Phone challenge not once but twice but was kept from receiving the promised $1,000 PC laptop prize. A Twitter post from Atlanta college student Vivek Viswanathan, states, "I will be filing a legal action against Microsoft for the scam that is the . Still waiting for a answer!"

News.com reports that according to Viswanathan, he went into the Atlanta Microsoft Store with his iPhone. However, Viswanathan admitted that his iPhone's physical power button did not work and as a result the phone could not shut down. However, the Microsoft Store employee accepted the challenge anyway.

Viswanathan claims he and the employee started the first challenge, which was to bring up a Facebook page. Viswanathan says he brought it up on his iPhone just before the store employee did but the employee claimed that he in fact won. Viswanathan then was given a second challenge which was to find a nearby restaurant. This time, Viswanathan claims he won well before the Microsoft employee.

Viswanathan then claims that while the Microsoft Store team member then conceded the challenge, the store's team manager then came out a few minutes and demanded that Viswanathan participate in a third challenge to win the $1,000 HP laptop. Viswanathan claims the manager then said his phone was ineligible because of the non-working power button.

Viswanathan states:

I told them of the limitations of the phone and allowed them to ... do whatever they feel necessary to my phone. To accept the challenge twice and then say it is ineligible is just plain scandalous.

Viswanathan now says he hired a lawyer who has apparently already contacted Microsoft. He states that if Microsoft apologizes and maybe gives him the promised prize, he will drop the matter. However he adds, "If they don't respond, then I will surely seek compensation."

Microsoft has said they are looking into Viswanathan's claims.

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Daniel_Pooh said,
My Samsung Galaxy S2 running Android 4.0.3 would smoke any windows phone challenge rofl

Wow, you still don't get it... Go try it.

In most challenges, as you are flipping Apps, WP7 will be doing several task for you at once, all from the originating App or the OS itself.

There are also technical things you are missing. The GPU assisted drawing in WP7 is throughout, so even displaying a loaded App on WP7 will be faster than the fastest Android tablet you can find, even if it is running 4.0 with 'some' GPU assistance.

Most of this contest is about the usability and how WP7 just does things for you in centralized hubs.

However, there are also OS specific hardware performance differences, which is why the Qualcomm numbers on the Adreno in the first generation WP7 phones were 5 to 10 times faster in 3D performance from their previous tests that were done on BOTH their internal light Linux build and Android builds.

The way Linux works with the generic driver sets and how Android's Dalvik and even direct OpenGL ES libraries performance through the generic drivers are massive performance limitation.

In the Qualcomm note, part of the performance difference is the way the WinCE kernel works and the OAL and the drivers being significantly faster. So faster and more optimized GPU access.

The second part is the difference between OpenGL ES and DirectX on WP7. Even on a desktop the full and most optimized OpenGL still trails DirectX by 20% on average and in many specific cases the difference is often 2 to 3 times slower.

*(The video driver differences are the same reasons that ATI and NVidia have had to implement their own kernel level technologies for their Linux drivers to get near Windows performance and why they didn't want to open source their technology as it was more than just drivers.)


There is also the IE9 vs Android Chrome differences, that are massive on most HTML5 graphical tests. As IE9 even on WP7 fully uses the GPU and uses a GP-GPU assistance and Async threading. IE9 also treats the web differently than any other browser, as its internal engine uses a new concept of 'compile and run' instead 'document display' that all other browsers use. This base concept means that IE9 treats web content like 'programs' and will compile down anything it can into 'code' to run (not just javascript JIT either). This means that IE9 is 'running' the web site, where Chrome and other browsers are loading a website like a document and displaying it.

This is how IE9 can run some HTML5/CSS3 dynamic content and graphic tests up to 500 times faster than Chrome, especially when they are running on lower end systems that IE9 is using more of the GPU than just for rendering.

This is why there are some sites that a WP7 phone with IE9 will run at 30FPS and even an i7 desktop with Chrome at the same resolution (with GPU features enabled) will run at 5-15FPS. (Which means the WP7 phone with IE9 can literally run some graphical web sites faster than Chrome can on the desktop.)

_________________

You might want to do some searches though, as the Galaxy S2 had trouble beating the Samsung Focus back when the WP7 phone wasn't even running Mango, which on things like browsing was SUPER SLOW in comparison.

Also you might not want to run into a store using an HTC Titan or second generation WP7 phone, as most reviews and tests show your Samsung Galaxy S2 with 4.0 Android being quite a bit slower.

Both of these recent winners that claimed they beat wp7 are full of crap, I always believe everything I read on the internet, don't you????, im sure if he really did win MS would have given him the prize, they have no reason not too, and they are not ashamed when some phones do beat wp7 as shown in many videos, both these idiots are just that, IDIOTS.

This is what I put (I had it in another tab so I got lucky)

So, all the videos of Ben smoking other phones were complete frauds. When OTHER people do it and it is NOT on video..........guess who is the fastest?


Tell me where I say something against the rules there......Nothing.

Sounds like poor staff training to me.
The guy obviously shouldn't have been taking part at all or the employee should have asked him to remove his battery to cold boot the device.
If i was MS i'd get him back in to repeat the challenge on his phone from a cold boot.

The power button is significant...

Microsoft should just give the guy the PC; however, they should also ask him in good faith to demonstrate how he won on video after powering down his phone. PERIOD. (Since other iPhone users are far less successful in these tests.)

1) Background preloaded Apps, especially when the proposed challenge was to 'open' this, or 'open' this... When there is no way the employee could shift through the cache to see if it was preloaded and a live App. Like the quick type R for restaurants, the guy had something staged, as this was added - with no way to verify even if it was a live pull of the restaurants or a fake loaded screen/App.)

2) Without a power cycle you have no idea what the phone is actually running. If I was going to go beat a WP7 with an iPhone, I would use a modified iOS or even home built, but visually identical iOS minimal boot that had 4 or 5 custom Apps and Images that could be displayed on command. If there was no way to check if it was the actual iOS Apps, I could simulate doing almost anything faster, heck even a photo upload, as I could have my App display it as done and never upload anything.

Where this is truly suspect is the specific challenges issued, as they are very conducive to using a canned setup without the phone 'actually' doing the task.


But like I said, Microsoft should let him have the computer, and use his Twitter posts with a follow up demonstration of his 'win' for Microsoft to post online.

The guy will disappear because he knows he will have his reputation riding on his honesty, or he will show he was legit and get a computer either way.


When 1000s of iPhone users are FAILING the exact same challenges, and he and iPhone do something even Apple employees can't demonstrate doing this fast, there is reason to be suspicious...

*Especially the Restaurant challenge, even if it was in his dictionary for R, there is no way a 'search' for local restaurants is faster than WP7 and hitting Maps - Scout. (Unless the MS employee was doing a regular search and typing in 'restaurants', which means the guy wins and the employee should be retrained or fired.)

He should have taken the laptop and phone they offered to settle up the dispute.
All he's done with this is now confirm what I already suspected, that this guy is a total douche bag.

what a bunch of cry baby loooosers .....
if you don't like it don't do the challenge .. take your phone and go somewhere else ..

Am I the only one who really has to ask whether the person has too much time on their hands? I'm an iPhone/Mac fanboy but even with that being said I'd just move on with life and stop caring. Once again the Vivek embodies what is wrong with the United States.

I DONT UNDERSTAND YOU AMERICANS (sorry for generalizing) . GOING TO COURT FOR THIIS!!!??? like cmon, grow a pair or something. You loose nothing, only gain something from this competition. BUT NOOOOO, you want MOOOAAARRR, so lets go to court because we are a bunch of whining babies.
Im sorry that you didn't win your little prize, hey... back in the day at carnivals that's all that happened to me... But I did not whine about it and post paragraph after paragraph and hire lawyers to get my prize? wow, just WOW.

LMAO - I AM JUST APAULED BY THIS. SO "scandalous" teheheheheh

I'll be glad when this division of Microsoft is shut down. How much longer? Balmer must be so embarrassed. I know I would be as CEO of a sinking product, actually it never floated to begin with. Windows and XBOX. Get out of the other markets. You don't know what you're doing.

There is one reason the XBox performs so well: Money. Money. Money. TONS of money.
If Microsoft had listened to critics and forgotten about it because Nintendo and Sony dominated the market...the XBox wouldn't be the most successful console right now.

Aethec said,
There is one reason the XBox performs so well: Money. Money. Money. TONS of money.
If Microsoft had listened to critics and forgotten about it because Nintendo and Sony dominated the market...the XBox wouldn't be the most successful console right now.

They lost a ton of $ on every original Xbox sold, same with the 360 I agree 1000% with you on that statement.

doesnt matter if he has the power button working or not, they accepted the challenge so its their fault, either way who ensures us that they dont have the app ready to go too? i can smoke a windows phone in terms of what it can do with a motorola cliq... even the copy cat samsung put up real challenges, anyone that knows their phone like their hand can open facebook a lot faster than someone with a brand new state of the art phone and doesnt know how to use it and im sure thats what happen here, he went with his iphone and he knows the phone like a pro and smoked the ms employee end of story >.>

Sofaires said,
doesnt matter if he has the power button working or not, they accepted the challenge so its their fault, either way who ensures us that they dont have the app ready to go too?
He would have to agree to the competition terms in order to actually claim his prize. He was clearly told that he didn't qualify and the employee's leniency doesn't change that.

As for ensuring the employee isn't cheating I'd imagine the challenge starts with both phones powered off, thus eliminating cheating by either party.

Arkose said,
He would have to agree to the competition terms in order to actually claim his prize. He was clearly told that he didn't qualify and the employee's leniency doesn't change that.

As for ensuring the employee isn't cheating I'd imagine the challenge starts with both phones powered off, thus eliminating cheating by either party.

I would do the same thing this guy did because they accepted the challenge knowing the phone wasn't in proper condition. The manager coming over and offering a challenge means he accepts the phone's condition too. They can't go back on it now. It would come down to the company having to pay out and then looking at the employee and/or manager. If I were Microsoft, I'd take care of this guy and look to have both those employees removed/suspended.

What about the claims of the Windows Phones having the tiles preset before the challenges? A reboot isn't going to change the fact that the tiles still show up after the reboot, ready and waiting. The challenger should have the chance to setup applications in the same manner so that after a reboot, their phones are ready for the challenge too. In this case, the employee was able to handle the phone before the challenge and deemed that it was ready and able to compete.

I'm surprised by the majority of attitudes on this thread. I wonder if it'd be different if it was an Apple Store involved and the phones were reversed.

None of you have any proof that the guy didn't win the challenge: that's for the courts to decide anyway. The question is simply whether the guy has a case to take to court.

The plaintiff is also accused, again, of having cheated by preloading apps and pages. What evidence is there for this?

Finally - I'm not sure I buy the part about the broken power button. That must mean he can never, ever allow the battery to run down. Which seems a precarious situation to be in. However, if the store did agree to the change in the conditions of the competition then so be it. I'm not sure the situation warrants contacting a lawyer and going to court. I would be writing to Microsoft with my grievance first.

In the end though, even if the guys wins the case, gets his $1000 laptop and an apology and has his legal fees paid - isn't it all just a waste of time? Everybody loses.

Garry said,
I'm surprised by the majority of attitudes on this thread. I wonder if it'd be different if it was an Apple Store involved and the phones were reversed.

None of you have any proof that the guy didn't win the challenge: that's for the courts to decide anyway. The question is simply whether the guy has a case to take to court.

The plaintiff is also accused, again, of having cheated by preloading apps and pages. What evidence is there for this?

Finally - I'm not sure I buy the part about the broken power button. That must mean he can never, ever allow the battery to run down. Which seems a precarious situation to be in. However, if the store did agree to the change in the conditions of the competition then so be it. I'm not sure the situation warrants contacting a lawyer and going to court. I would be writing to Microsoft with my grievance first.

In the end though, even if the guys wins the case, gets his $1000 laptop and an apology and has his legal fees paid - isn't it all just a waste of time? Everybody loses.

That will be true if this were Gizmodo or Engadget

Garry said,
I'm surprised by the majority of attitudes on this thread. I wonder if it'd be different if it was an Apple Store involved and the phones were reversed.

None of you have any proof that the guy didn't win the challenge: that's for the courts to decide anyway. The question is simply whether the guy has a case to take to court.

The plaintiff is also accused, again, of having cheated by preloading apps and pages. What evidence is there for this?

Finally - I'm not sure I buy the part about the broken power button. That must mean he can never, ever allow the battery to run down. Which seems a precarious situation to be in. However, if the store did agree to the change in the conditions of the competition then so be it. I'm not sure the situation warrants contacting a lawyer and going to court. I would be writing to Microsoft with my grievance first.

In the end though, even if the guys wins the case, gets his $1000 laptop and an apology and has his legal fees paid - isn't it all just a waste of time? Everybody loses.

I stopped reading when you got to the broken button part. If the battery dies, all he has to do is plug it in. The phone automatically gets turned on when you plug it in. If it's completely dead it won't turn on right away but all you have to do is unplug it, wait a second or two then plug it back in. That's how all my iPhone's have worked. I don't have one anymore but that's how it was when I had one (3G, 4S).

gb8080 said,
I don't know about US law, but in UK there is plenty of legal precedent on his side.
See
"The curious case of the carbolic smoke ball forced companies to treat customers honestly and openly and still has impact today":
http://news.bbc.co.uk/1/hi/8340276.stm

The US InJustice system is a complete joke. I'm not only ashamed, but embarrassed to be an American. What other countries can you murder someone in cold blood, run from the cops and then pay for your freedom?

M_Lyons10 said,
This is getting ridiculous. All these people see is dollar bills. We're supposed to just believe his word? LOL

And why should we believe MS words more than his ?

From the beginning i thought it was a stupid marketing campaign. But in the end people talk about WP7 so i guess it does the job anyway.

LaP said,

And why should we believe MS words more than his ?

Cause the guy admitted he had a fault power button but rebooting your phone is a requirement, in the rules, for competing.

M_Lyons10 said,
This is getting ridiculous. All these people see is dollar bills. We're supposed to just believe his word? LOL

I 100% agree. Skepticism is really hard to find here these days.

was ineligible because of the non-working power button.

Who the **** shut down his phone when carrying it anyway ???

ahhell said,
Uh...that's not really point now is it?

What's the point in winning a challenge if you ask people to do things they don't normally do.

LaP said,

What's the point in winning a challenge if you ask people to do things they don't normally do.


It's because people try to cheat by loading all their social media apps in the background -- something people don't usually do!
To prevent this, MS requires you do a reboot of the phone prior to the challenge.

Sacha said,

It's because people try to cheat by loading all their social media apps in the background -- something people don't usually do!
To prevent this, MS requires you do a reboot of the phone prior to the challenge.

This, and I suspect it could also be used to compare boot/login times

LaP said,

Who the **** shut down his phone when carrying it anyway ???


I am guessing they need power button to lock/unlock

So how much is he seeking for in "damages" and how much will his legal fees be? How much time and energy will it consume? I wonder if it's worth it at all if and when everything is done and settled.

i actually was ignored as well... can't even find it now somewhere deep in ms blogs. but i did expect it, as all of what i sent them was about quality of localization (supporting country-specific things).

Edited by coth, Mar 28 2012, 11:44pm :

This just proves MSFTs complete and total ineptitude at marketing.

Having worked in retail for 25+ years, I have learned one very important thing: NEVER NEVER NEVER EVER! depend on retail store employees to do ANYTHING IMPORTANT.

MSFT should have produced commercials with BenThePCGuy doing the challenges so everyone was more confident it was on the up-and-up.

SiLeNtDeAtH said,

MSFT should have produced commercials with BenThePCGuy doing the challenges so everyone was more confident it was on the up-and-up.

They did make videos of it with BenThePCGuy doing challenges, winning and losing.

Sacha said,

They did make videos of it with BenThePCGuy doing challenges, winning and losing.

Right, but it should have ended with that.

An employee acting on behalf of a company is in fact representing the company, just as they accept contracts of sale, this is a contract. Whether it was the smart move of the employee or not doesn't matter, he accepted the challenge. Worse yet, the manager then comes over and instead of instantly disqualifying, tries to get cute and enters yet another "contest".

Sorry fanboys, this is cut and dry. They accepted the challenge and lost. Also for the dolts asking for proof, seems pretty obvious it happened by now doesn't it? Some of you need to go outside for some air once in a while.

Hahaiah said,
An employee acting on behalf of a company is in fact representing the company, just as they accept contracts of sale, this is a contract. Whether it was the smart move of the employee or not doesn't matter, he accepted the challenge. Worse yet, the manager then comes over and instead of instantly disqualifying, tries to get cute and enters yet another "contest".

Sorry fanboys, this is cut and dry. They accepted the challenge and lost. Also for the dolts asking for proof, seems pretty obvious it happened by now doesn't it? Some of you need to go outside for some air once in a while.

while you make good points, the question of whether or not all the events he described happen to be true. he needs proof it happened, whether statements from the employees or from other customers

kidjenius said,

while you make good points, the question of whether or not all the events he described happen to be true. he needs proof it happened, whether statements from the employees or from other customers

Agreed.

Hahaiah said,
An employee acting on behalf of a company is in fact representing the company, just as they accept contracts of sale, this is a contract. Whether it was the smart move of the employee or not doesn't matter, he accepted the challenge. Worse yet, the manager then comes over and instead of instantly disqualifying, tries to get cute and enters yet another "contest".

Sorry fanboys, this is cut and dry. They accepted the challenge and lost. Also for the dolts asking for proof, seems pretty obvious it happened by now doesn't it? Some of you need to go outside for some air once in a while.

This is true, but the barrage of claims like this guy really greatly rouses suspicion!

Hahaiah said,
Also for the dolts asking for proof, seems pretty obvious it happened by now doesn't it? Some of you need to go outside for some air once in a while.

How is that obvious? Anyone could post up a tweet and spout it around on tech news sites.

Chrono951 said,
If his power button didn't work, how could he turn his phone back on in general? That seems like a rather large issue.

He could have been doing it on purpose. You know, so he can't cold boot it for the competition. So he can leave all his apps open in the background.

Funny thing is that on Android and Symbian you can choose autostart apps which would totally kill Microsoft's plan.

Sacha said,

He could have been doing it on purpose. You know, so he can't cold boot it for the competition. So he can leave all his apps open in the background.

Funny thing is that on Android and Symbian you can choose autostart apps which would totally kill Microsoft's plan.


But you don't know what they'll ask you to do and if you just autostart all the apps, you're gonna get really slowed down as they all start

where's the proof? lol...
besides, HIS POWER BUTTON DOESN'T WORK. he obviously can't compete! this is just stupid. this is not the fault of MS, but the fault of that employee for letting him compete.

but no matter what, he needs proof lol

I don't know how verbal contracts work in the US, but in Australia, a verbal contract is just as good. He was told twice he was eligible, so I think he should get the prize.

Nashy said,
I don't know how verbal contracts work in the US, but in Australia, a verbal contract is just as good. He was told twice he was eligible, so I think he should get the prize.

Maybe eligible to compete, but not to win.

rfirth said,

Maybe eligible to compete, but not to win.

What? Then he's not eligible to compete is he. It's not a competition if he can't win at the end, when he rightfully wins.

Anyone ever realize what a moronic phrase that is? What does having video of something have to do with whether or not it happened?

Anyway, this case will either be settled out of court or thrown out.

Hi Guys, I am Vivek - the subject of this news. I should clarify. I did not do any macros - I just over the time I had the phone added auto correct for phrases that I use often. As a college student I eat at restaurants often so using the phone when driving for directions becomes easier. Microsoft pre-pins tiles for the challenges they ask people to do. These do are not all present in any windows phone out of the box. In other words if anything I have not cheated in anyway. I had no way to know what challenge I would be asked to do.
I gave Microsoft full access to my phone. I did not go in to the competition expecting to win. I went to the store to fix m computer I purchased from the store in January. Also I must clarify. I have not done anything legal yet. I just had a lawyer call the store. So it is not gotten to a legal level as the blog may seem to suggest. I don't want any monetary compensation, its the principle -I just wanted to shed light on the scam.

I just wanted to shed light on the scam

A free contest that you win a phone if you lose and a laptop if you win. Yup totally a scam right there, I'm sure the $0 that you paid to enter really broke the bank and your life is in ruins because you didn't win a free laptop

I am getting in to a debate, its just not a fair proposition if you have a contest with no intention of awarding anything. Again I am not asking for anything just the Microsoft look hard into the ways in which they operate!

Razorfolds said,

A free contest that you win a phone if you lose and a laptop if you win. Yup totally a scam right there, I'm sure the $0 that you paid to enter really broke the bank and your life is in ruins because you didn't win a free laptop

vivek07_1988 said,
I just wanted to shed light on the scam.

Iv seen and heard people winning and loosing, getting and not getting.

I find it hard to call it a 'scam' when in all you should not have even been able to enter (Due to the broken power button)

Also you should be asking MS to replace your 'broken' iPhone with a new WP7 not for compensation for entering a fewe comp... Rather than getting legal involved... Cuz it sadly brings us back to the same old US thing of "If you cant beat em, sue them."

vivek07_1988 said,
I am getting in to a debate, its just not a fair proposition if you have a contest with no intention of awarding anything. Again I am not asking for anything just the Microsoft look hard into the ways in which they operate!

You will have a hard time arguing your case in court if Microsoft has a picture of you holding a sign saying you got smoked. That's all the evidence they need.

Microsoft Lawyer: He was smoked, your honor.
Judge: Smoked?
Microsoft Lawyer: Smoked. Please refer to Microsoft Office PowerPoint 2010 slide number 13.
Judge: Smoked indeed. Judgment is for the defendant.

vivek07_1988 said,
I just wanted to shed light on the scam.

Scam? It's a marketing campaign, not some super serious competition They're not taking anything from you and they're not asking for money. I'm pretty sure you have to sign the competition rules in the first place anyway.

Also, the rules do state the phone has to be cleaned booted, so, y'know...

They have no photo of me. I have the signed documents and I have witnesses. Again let me remind you guys, all I was expecting is a simple sorry. Not $$$. I am surrounded by technology, not necessary desperate for a computer or phone. I have not sued Microsoft either just filed a complaint.

vivek07_1988 said,
They have no photo of me. I have the signed documents and I have witnesses. Again let me remind you guys, all I was expecting is a simple sorry. Not $$$. I am surrounded by technology, not necessary desperate for a computer or phone. I have not sued Microsoft either just filed a complaint.

Well what you should do, and I'm giving you my advice as a lawyer, is to get with your lawyer and arrange a deal with Microsoft. You will receive a Nokia Lumia 900 and a laptop, and in return, you will allow Microsoft to actually explode your iPhone into a puff of smoke for marketing purposes. It has a broken button anyway, so no big loss, plus you get a Lumia 900.

Hi Thanks for your advise. I must say that I have not done anything legally. All I did was m lawyer try to contact Microsoft to find out what was the situation. Again I am not looking for a monetary compensation, just a matter of principle The store could have been nicer, more aware of their actions and better responsibility of their actions.

Enron said,

Well what you should do, and I'm giving you my advice as a lawyer, is to get with your lawyer and arrange a deal with Microsoft. You will receive a Nokia Lumia 900 and a laptop, and in return, you will allow Microsoft to actually explode your iPhone into a puff of smoke for marketing purposes. It has a broken button anyway, so no big loss, plus you get a Lumia 900.

Wait - you will be filing legal action, but you have filed a complaint. You have contacted a lawyer, but you have not? Part of the agreement is, if you are "smoked" you will have your picture taken with the "I was smoked by Windows Phone 7" sign, but you did not have your picture taken? If you cannot keep your response story straight, then how can we believe your story about what happened during the event?

vivek07_1988 said,
Hi Thanks for your advise. I must say that I have not done anything legally. All I did was m lawyer try to contact Microsoft to find out what was the situation. Again I am not looking for a monetary compensation, just a matter of principle The store could have been nicer, more aware of their actions and better responsibility of their actions.

I live near the same store in question. I haven't been by there yet though.

The associate who challenged me agreed that he lost. Once the manager offered a 3rd competition and then complained because my phone is broken. I just left the store. So no photo because I was never "smoked". I file a report with Microsoft on Sunday and I was promised that they will send me a confirmation in 48 hours. I have received nothing yet. So I asked my layer to try to contact the store but the manager refused to comment and informed that a legal team will contact my lawyer. I am waiting for them to respond. Hope this clarifies the situation.

vivek07_1988 said,
All I did was m lawyer try to contact Microsoft to find out what was the situation.

So your a college kid, with an iphone, new laptop from Jan, a car, you eat out all the time and you have a lawyer....

Arnt College kids meant to be running on the fear of their bottom line?
Thats what our ones do that is

Isnt getting a lawyer involved an expensive way to ask for an apology?

vivek07_1988 said,
The associate who challenged me agreed that he lost. Once the manager offered a 3rd competition and then complained because my phone is broken. I just left the store. So no photo because I was never "smoked". I file a report with Microsoft on Sunday and I was promised that they will send me a confirmation in 48 hours. I have received nothing yet. So I asked my layer to try to contact the store but the manager refused to comment and informed that a legal team will contact my lawyer. I am waiting for them to respond. Hope this clarifies the situation.

If you are the person the article is about, and you do have a lawyer either you have a really bad, negligent lawyer, or you have proven you are unable to follow directions. The first thing a lawyer will say is not to talk to the media or publically about the case unless your lawyer is there to make sure you do not say anything that can harm the case. You have tweeted about it, you have gone onto at least one public forum, created an account just to post about the event, and then wrote about it - in 5 posts.

vivek07_1988 said,
-I just wanted to shed light on the scam.

So, you're a college student, with no money, but you managed to hire a lawyer with the money you don't have.

This is how I understood the situation; that employee said you could participate in the challenge, without asking his manager first.
Then, after you won, he went to get your prize but the manager said:

"What the hell, he wasn't eligible, why did you accept him?"
employee: "Sorry, my mistake."
m: "I'll go talk to him and explain the situation, I'll even offer him a 1000$ laptop."

But you simply wanted to play dirty. Well, MS' lawyers are waiting.

Enron said,

You will have a hard time arguing your case in court if Microsoft has a picture of you holding a sign saying you got smoked. That's all the evidence they need.

Microsoft Lawyer: He was smoked, your honor.
Judge: Smoked?
Microsoft Lawyer: Smoked. Please refer to Microsoft Office PowerPoint 2010 slide number 13.
Judge: Smoked indeed. Judgment is for the defendant.

left me in stitches, killed it. What evidence do you have? you got smoked boy!

vivek07_1988 said,
Microsoft pre-pins tiles for the challenges they ask people to do. These do are not all present in any windows phone out of the box.

Besides the Weather challenge, you are wrong. The Me Tile, Bing w/Local Scout etc are present by default. As for the Weather challenge, it is called "Real Time Information with Live Tiles" so setting up the tiles is the whole point. I do believe Microsoft shouldn't include that one though since zealous competitors will feel like this is cheating.

vivek07_1988 said,

Your a tool, you lost regardless. You lost. You didn't power down your phone, as per the rules. And you didn't power it down because of how long iOS takes to startup, doubtfull it's even broke. So you tried to rig the contest in your favor, still lost and boohoo'd

Yea the game was in MS favor, do you Sue Casino's? Horse Tracks?

Personally your a tool

brent3000 said,

So your a college kid, with an iphone, new laptop from Jan, a car, you eat out all the time and you have a lawyer....

Arnt College kids meant to be running on the fear of their bottom line?
Thats what our ones do that is

Isnt getting a lawyer involved an expensive way to ask for an apology?

Not if your dad is a lawyer ;-)

Considering to actually be eligible for the prize, you have to actually reset your phone first, I don't see the problem.

Also, compensation for what exactly? It's a free stunt, that he wasn't eligible to actually win anyway.

Brb making a twitter account claiming I will sue MS because I drove all the way to a Microsoft store and won but didn't get a prize!

Hey it worked once before lets try it again!

I also don't think he's thought this through. Microsoft has a ton of lawyers that they probably spend millions of dollars on. This guy is going to sue them using one lawyer that will probably cost more than the laptop is even worth? He's not going to win and end up paying more out of pocket..

Also the contest rules state Microsoft has the final say in the results. So they can choose

I doubt he even hired a lawyer, and potentially the lawyer is working off commission (like some lawyers will do).

I suspect that all he did was tweet about it just to stir up all these headlines.

This seems a bit suspect to me. There was a similar case a few days ago, and Microsoft contacted the guy in that case after the event and gave him a laptop and phone package after admitting they were in the wrong. Source: http://www.theverge.com/2012/3...s-phone-apology-sasha-katta

As the whole point of the competition is to do this from a COLD boot, his phone would correctly have been ineligible because it had to be reset prior to the challenge starting.

Because his power button apparently didn't work, how do we know he didn't have facebook pre-loaded?

Adzzz said,
This seems a bit suspect to me. There was a similar case a few days ago, and Microsoft contacted the guy in that case after the event and gave him a laptop and phone package after admitting they were in the wrong. Source: http://www.theverge.com/2012/3...s-phone-apology-sasha-katta

As the whole point of the competition is to do this from a COLD boot, his phone would correctly have been ineligible because it had to be reset prior to the challenge starting.

Because his power button apparently didn't work, how do we know he didn't have facebook pre-loaded?

yup! he likely had apps preloaded in the background!

That is true. From a cold boot, the Facebook app takes a few moments to initialize on my phone. Alternatively, killing all the apps in the "app task tray" (or whatever the hell its called) causes Facebook to re-initialize.

I also wonder if the store employee was at all authorized to modify the terms of the promotion. Would the company as a whole be responsible for modifications that a store employee makes on the fly to a promotion? If so, can the company take the $1000 out of that employee's pay check?

Shadrack said,
Would the company as a whole be responsible for modifications that a store employee makes on the fly to a promotion? If so, can the company take the $1000 out of that employee's pay check?

Essentially yes as the employee is a representative of the company, so speaks on behalf of them.

The next statement will be something like "thanks for taking part in the challenge, it's over".

The guy is probably arguing a fraction of a second and without Myth Busters type cameras to slow the whole thing down to verify it, it'll be another silly lawsuit that kills a decent promotion.

I'm not siding with either party, it just seems a little silly to spend money on a lawyer for $1,000 when their fees will eat that in a few hours.

So, one guy claims he won with absolutely zero proof. Microsoft let's him have the prize to balance the bad pr he's creating since all the blogs and news sites is eating his story up despite the no proof.

So guy number two figures, welli can do the same, tomorrow well have guy number 50.

Blame on microsoft, they are the ones who come with this stupid nonsense campaing, if you dont want to loose dont start the bet.

AnarKhy said,
Blame on microsoft, they are the ones who come with this stupid nonsense campaing, if you dont want to loose dont start the bet.

lose* please learn that word for all that is good for humanity.

This is why we can't have nice things. This just puts off companies from doing promotions like this in the future.

Get your guys in line Microsoft.

Tech Star said,
This is why we can't have nice things. This just puts off companies from doing promotions like this in the future.

Get your guys in line Microsoft.


Maybe they shouldn't be running this sort of promotion if they can't deliver?

Tech Star said,
This is why we can't have nice things. This just puts off companies from doing promotions like this in the future.

Get your guys in line Microsoft.

The biggest mistake Microsoft made, is to give out big prizes. That attracts unwanted attention and generates scenarios such as this.

Coolicer said,

The biggest mistake Microsoft made, is to give out big prizes. That attracts unwanted attention and generates scenarios such as this.

For sure. If the prize was a $50 gift cert for the store or something of not much significance then there wouldn't be any major issues. But because they make the claim that you can win a $1000 laptop now they have to scrutinizing the fine-print of their promotion in order to weasel out of their end of the promotion. It is just resulting in a lot of bad press.

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s

yes cause no1 ever won, huh?

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s

i can't believe this guy. not only is he threatening MICROSOFT due to a 1000 dollar dispute, HIS POWER BUTTON DOESN'T WORK! i mean cmon! he probably had a crap load of apps open in the background ready to go!

the manager was right to disqualify him

kidjenius said,

i can't believe this guy. not only is he threatening MICROSOFT due to a 1000 dollar dispute, HIS POWER BUTTON DOESN'T WORK! i mean cmon! he probably had a crap load of apps open in the background ready to go!

the manager was right to disqualify him

They accepted his challenge knowing his power off didn't work. Too bad so sad, MS needs to pay up or shut up.

Tweaky Nippleton said,

They accepted his challenge knowing his power off didn't work. Too bad so sad, MS needs to pay up or shut up.

i think the MS employee (again, just like the last issue) made a poor mistake. but the manager was correct to disqualify him for not having a working power button.

and lol dude. if he threatens legal, MS will be legal about it too. the guy needs proof. i can make the same claim on twitter, too, if i wanted. and so can you. we need proof though

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s


oh really.. then how did this one guy won a case against ATT for Iphone data throttling??

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s


Team of lawyers? More like legion of lawyers...

Anyways, whether the guy wins or looses the case, Microsoft looses by this being plastered all over the news.

Well, on second thought, maybe this news helps Microsoft by making more people aware that they offer a smartphone.

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s

More like team of lawyers will want to settle. This is not how Microsoft envisioned the "Smoked by Windows" campaign. I believe tomorrow is the last day of this campaign and it ends on a sour note.

timster said,
yep, and he'll definitely be able to win against a corp that has an entire team a lawyers

/s

should be fairly easy. not talking on a SCOTUS level here. it'll settle out..

Varemenos said,

yes cause no1 ever won, huh?

where is his evidence? what if I claim I won. the law is not about what the truth is, it is about what can be PROVEN IN COURT.

kidjenius said,

i think the MS employee (again, just like the last issue) made a poor mistake. but the manager was correct to disqualify him for not having a working power button.

and lol dude. if he threatens legal, MS will be legal about it too. the guy needs proof. i can make the same claim on twitter, too, if i wanted. and so can you. we need proof though

No too late.... the challenge was accepted by the employee and he won... the manager should of been called before the challenge to bad MS lost... now hand over the good ...

neonspark said,

where is his evidence? what if I claim I won. the law is not about what the truth is, it is about what can be PROVEN IN COURT.


Why did they give him the prize money if there is no evidence?