Re: HERE'S WHAT HOWARD WAS GIVING OUT

[Truth]

> The offer is for a free Sirius system WHEN YOU PURCHASE AN ANNUAL
> SUBSCRIPTION. Here are the details:

This is why he could never have done this over his radio show or in
affiliation with a radio station, because it would be against FCC rules
to do so. If a purchase is required in order to redeem a prize, then
it is considered a lottery. Only the state can operate a legal
lottery.

That is why when a contest offers a chance to win a prize if you purchase
a product, they also MUST allow you a chance to call or write for a
playing piece or chance to win without having to purchase anything.

> 1. Certificate must be redeemed by November 24, 2004
> 2. You must order your Sirius system on the Internet at
> www.sirius.com/offer/sternrally
> 3. Enter promotion code 263
> 4. Select your Sirius system and purchase an annual subscription for
> $142.45
> 5. When prompted enter certificate number HS7436 in "referral ID"
> field

This is no prize at all. Cellphone companies offer free cell phones
when you sign up for service too.

What a scam.

> Stern personally handed out a free Sirius boom box to the first 500
> fans

Which is worthless, unless they PAY money to have it turned on.

Here, I will give you a free lamp. But before the bulb will light up,
you need to pay me $200 a year and then I will activate the lamp so it
works.

> , while he had another 20,000 certificates for free radios.

FREE at $200 a year price tag.

> The equipment allows listeners to receive 120 channels of
> commercial-free
> music, sports, news, talk, entertainment and traffic at a cost of
> $12.95 per month.

Some "GIFT"

This Christmas I am going to give everyone coupons for free cellphones
when they sign up for a year of cell phone service. I will put one of
those coupons in everyone's Christmas card.

[Mark S.]

>> 1. Certificate must be redeemed by November 24, 2004
>> 2. You must order your Sirius system on the Internet at
>> www.sirius.com/offer/sternrally
>> 3. Enter promotion code 263
>> 4. Select your Sirius system and purchase an annual subscription for
>> $142.45
>> 5. When prompted enter certificate number HS7436 in "referral ID"
>> field
>
> This is no prize at all. Cellphone companies offer free cell phones
> when you sign up for service too.

Do you see XM handing out radios when people sign up for a years worth of
service? You can't even sign up for a years worth of service, you have to
subscribe to at least two.

>> Stern personally handed out a free Sirius boom box to the first 500
>> fans
>
> Which is worthless, unless they PAY money to have it turned on.
>
> Here, I will give you a free lamp. But before the bulb will light up,
> you need to pay me $200 a year and then I will activate the lamp so it
> works.

A lamp is a lamp. It's still worth money even if it costs money to use it.
Would you turn down a free car because you're going to have to pay for the
gas and insurance? Even still, you could sell the thing on ebay and you
could grab at least $100 out of it. If someone told me they'd give me $100
just for posting something on ebay and mailing it, I'd say you've got
yourself a deal!

>> , while he had another 20,000 certificates for free radios.
>
> FREE at $200 a year price tag.

The radio is free. What good is the radio if he gave it to you for free and
you never subscribed?

>> The equipment allows listeners to receive 120 channels of
>> commercial-free
>> music, sports, news, talk, entertainment and traffic at a cost of
>> $12.95 per month.
>
> Some "GIFT"
>
> This Christmas I am going to give everyone coupons for free cellphones
> when they sign up for a year of cell phone service. I will put one of
> those coupons in everyone's Christmas card.

Got any coupons for free XM radios? Got any coupons for free cars? I'll
gladly pay for the gasoline if you give me the car, no sweat! I'll even pay
the insurance.

[Bob Haberkost]

"Truth" <yenc@sucks.com> wrote in message news:419D1488.4AA64747@sucks.com...
>> The offer is for a free Sirius system WHEN YOU PURCHASE AN ANNUAL
>> SUBSCRIPTION. Here are the details:

> This is why he could never have done this over his radio show or in
> affiliation with a radio station, because it would be against FCC rules
> to do so. If a purchase is required in order to redeem a prize, then
> it is considered a lottery. Only the state can operate a legal
> lottery.

> That is why when a contest offers a chance to win a prize if you purchase
> a product, they also MUST allow you a chance to call or write for a
> playing piece or chance to win without having to purchase anything.

>> 1. Certificate must be redeemed by November 24, 2004
>> 2. You must order your Sirius system on the Internet at
>> www.sirius.com/offer/sternrally
>> 3. Enter promotion code 263
>> 4. Select your Sirius system and purchase an annual subscription for
>> $142.45
>> 5. When prompted enter certificate number HS7436 in "referral ID"
>> field

As if there was any doubt, you have gone above and beyond "truth", and are clearly
making it all up. Here's why:

A lottery has three components.

1) Consideration - this would be the cost related to participating in the promotion.
Here the cost to subscribe could be classified as consideration, since the proceeds
from that transaction benefit the promoter. This excludes, however, the costs for
mailing for example, where the cost of a stamp to send an entry in does not benefit
the promoter. This is why all promotions, if they're legal, must provide a
reasonable means to enter without purchase ("no purchase necessary").

2) Prize of some value - here, the receiver has some intrinsic worth. Joke prizes,
where one gets a worthless certificate, don't figure into this, but why anyone would
part with the requisite consideration is of no concern to the FCC. It's just not
likely to happen, though.

3) Chance. Here, only a select few, after having tendered their consideration,
actually get a prize. And this is where you show you haven't a clue. EVERYONE who
meets the conditions of the promotion "win" the "free" receiver. Bzzzzzt!

If there's any doubt, consult the FCC page which discusses this, at
http://www.fcc.gov/cgb/consumerfacts/contests.html. The salient part: "The FCC has
defined a lottery as 'any game, contest, or promotion that combines the elements of
prize, chance and consideration.'" Prohibitions here conform with those set out in
18 U.S.C. Section 1304.

Now, please go away. Failing that, stop being an idiot.
--
-----------------------------------------------------------------------------
If there's nothing that offends you in your community, then you know you're not
living in a free society.
Kim Campbell - ex-Prime Minister of Canada - 2004
-----------------------------------------------------------------------------
For direct replies, take out the contents between the hyphens. -Really!-

[Truth]

> Now, please go away. Failing that, stop being an idiot.

What great debating skills you show here. How do you think statements like that make
you look to other people here?

[Bob Haberkost]

"Truth" <yenc@sucks.com> wrote in message news:419E3866.9462F38D@sucks.com...
>> Now, please go away. Failing that, stop being an idiot.

> What great debating skills you show here. How do you think statements like that
> make
> you look to other people here?

Debating skills, nothing. How do you think your baseless, and often incorrect,
statements make you look? At least I try to relate something which has some basis is
reality. Consider the above just constructive advice.
--
-----------------------------------------------------------------------------
If there's nothing that offends you in your community, then you know you're not
living in a free society.
Kim Campbell - ex-Prime Minister of Canada - 2004
-----------------------------------------------------------------------------
For direct replies, take out the contents between the hyphens. -Really!-

[D Ray]

Thus far, XM has limited its use of freebies like these giveaways.
Sirius, frankly, has had to do it to get subscribers.

Now that XM has its SACs down to the point they can do it, I would be
surprised if they don't start cutting the hell out of prices,
particularly just before XMAS.

SIRI spent $500M on Stern. Perhaps XM will spend a couple hundred
million on getting cheap hardware in people's hands. A couple hundred
million will pay for about 3-4 million radios. That could be a lot
cheaper than Stern at 100M/year.

[Truth]

> Thus far, XM has limited its use of freebies like these giveaways.
> Sirius, frankly, has had to do it to get subscribers.
>
> Now that XM has its SACs down to the point they can do it, I would be
> surprised if they don't start cutting the hell out of prices,
> particularly just before XMAS.
>
> SIRI spent $500M on Stern. Perhaps XM will spend a couple hundred
> million on getting cheap hardware in people's hands. A couple hundred
> million will pay for about 3-4 million radios. That could be a lot
> cheaper than Stern at 100M/year.

This will be an interesting race now for sure. I can't wait till after
Christmas to see who won.