Smoked by Windows Phone contestant threatens legal action

A man who claims he won Microsoft's Smoked by Windows Phone challenge twice but was denied the $1,000 prize says he is now going after Microsoft with a 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 #smokedbywindowsphone. 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.