Forms that are posted as "no state restrictions" that are actually not good in all states

[bettyl0u]

I just posted on the Ruffino $5 beef rebate thread that I traded for this form since it was posted as "no state restrictions". However, I just got a postcard back that it is not good in my state (MO) and they will not fulfill my rebate.

I called the 1 800 number and even after speaking to the manager they will not refund my money nor send my receipt back. I told them they should put some type of state restriction on the form if it isn't good in all states. HOwever, they stated that I shouldn't even have the rebate in the first place since they didn't give any to MO and it does say on the form that it shouldn't be traded, sold, etc. So it is my own fault.

However, maybe we, on HCW, should check with the 1800 number before we say "no state restrictions" on the post or at least make sure to post the 1800 number so everyone can check on their own before trading for the form.

Just a suggestion. What does everyone think?

[corbin]

To be legally enforceable, a form that says it is not to be sold, etc., must also say something else much more specific if it is limited to residents of certain states. Most everyone shops while on vacation! Manufacturers know that people from out of state shop in the states where they distribute their rebates. How are consumers supposed to know what's intended if the rebate doesn't say? I haven't seen all the fine print of your rebate, but a rebate is a contract between a manufacturer and a consumer, and all the legally enforceable details must be written in the contract. If no wording addresses the issue of states where consumers must be residents, then the rebate is good in every state, period. If your rebate had no such wording, then any managers to whom you spoke are lying if they say they're allowed not to honor correct submissions from some states. This issue is no different than any contract dispute. If a disputable issue is not in the contract, it's not enforceable. This state-restriction problem used to come up all the time with rebates. After a few years, most manufacturers learned (after being reported to government agencies) that in order to restrict rebates to certain states, they had to say so (like most do these days). It's so simple for rebates to spell out their restrictions that it's a wonder that these problems still happen occasionally. Lazy marketing proofreaders probably account for most of these problems, but the honest manufacturers will honor without argument the rebates on which their proofreaders have left out some intended restrictions.

Call the manufacturers directly, and threaten to report them to their state's Better Business Bureau and/or attorney general (something you can do on-line these days). The more of us there are who let the manufacturers cheat us, the more manufacturers there will be who realize they can get away with it, and the more of us there will be who then are cheated by them the next time. Manufacturers run rebates to make more money; in their pursuit of moneymaking, we shouldn't let them take advantage of us when they are the ones who made the mistake by not writing their rebates correctly.

[isis]

I had this problem too. Last year sometime, I sent in for a rebate on chicken. Got a postcard back saying my submission was invalid. I had a heck of a time trying to get in touch with someone b/c the phone # listed just rang and rang. After some digging, I finally found an email address and said I was disappointed I did not receive my rebate, that I was on vacation when I bought the wine. Since state restrictions were not listed, thought it was valid. If there were, then why weren't they listed or say only valid in FL or wherever? They said they would have marketing look into that, to add that extra info, but since the form said void where prohibited or restricted, and LA was one of those states for this rebate, they couldn't send me the $$.
Now, I only trade for forms if LA is listed. I don't want to get burned again.

I agree, if there is an 800 number, it should be posted, or the person who finds the form call just to verify which states the rebate is valid.

[corbin]

"Void where prohibited or restricted" is another slimy tactic that some manufacturers' reps tried, in those recent years I mentioned above, to cite as an excuse for being able legally to reject submissions from certain states. NOPE! Even if those words could mean what the reps wanted them to mean, that tactic still wouldn't work, since the "reasonable consumer" would always interpret them to mean the same as the standard legal phrase we've all seen many times: "Void where prohibited by law." The phrase "void where prohibited" means that some specific "where" has to DO the restricting, but the entity doing the restricting is the manufacturer itself, not your state government, so that phrase doesn't apply to your situation. Unless there's a state law (or city law, etc.) that says that the rebate is void there, then the rebate is NOT void there! It's truly astounding what some manufacturers will try to do to get around the law! I'm really surprised that any still are trying that tactic. Don't let them get away with it. Call their bluff.

Now it is conceivable that some rep could come up with some vague phrase to add to future rebates that would allow them legally to disallow submissions from whatever states they wanted without actually listing states, but for the phrase to be enforceable legally, it would have to be clear enough that you'd notice that the rebate might not be valid in your state. I've NEVER seen such a phrase in the thousands of rebates I've read, other than a phrase that lists valid/invalid states.

Why oh why do these reps have to try to cheat? Being clear as to what the restrictions are is so easy to do that they have no excuse not to do it!

[sneakers1234]

I also spoke to Ruffino. They feel the "prohibited " clause covers them. I currently have a new Ruffino rebate-- and even they couldn't tell me the state restrictions. A crappy co.

[joshmamabear]

I learned my lesson the hard way too, several years ago, on submitting for wine rebates that DOES NOT say what states they are good for. It did not say good on ALL states, either. I got the denied postcard and when I inquired, I was told the form was not even distributed in my state so they are not sure why I even got the form. Technically, they were right so I didn't push the issue.

It wasn't the fault of the trader I got it from since there really were no state restrictions on the form. From then on, I just submit for those with valid states listed so there will be no confusion and questions as to where I got my form(s).

[firefly779]

I just had this same problem with Estancia NWPN rebates (FIVE of them, no less, that I'd traded for). They all say the same things on them - void where prohibited, taxed, or restricted,blah blah blah, valid for U.S. residents of legal drinking age, yadda yadda... NO MENTION of specific states it can't be used in. I got the dreaded postcard denying me on one of them today - I guess they'll send me 4 more postcards pretty soon since I mailed them all off together! Estancia Wines is in CA, and I'm in WA (two states north) - how can my state not qualify? LOL I'm concerned with calling the 800# seeing as how my receipts are all from WA for the rebatable products, but I thought about using the "I bought the wine on vacation and it had the rebate on it" line. :O I'm sure they'd just throw it at me that the rebate form says "void where prohibited" and I'd be left with no retort. What to do??

ETA: I AGREE that the people who post these kinds of forms for trade should call the 800# for state restrictions, and if they get none, at least post the state they got the form in so those persons in those states should be assured to qualify if nothing else. Definitely do NOT put "no state restrictions" because it's too ambiguous as several of us are learning!

[5swans0805]

Another one that I had a problem with was Gnarly Head for $5 on Ribs. I did it and came back rejected and I live in MO which is usually a good state for NBPR/NWPR, but not for Gnarly Head. I have done several which are only good in MO, so I was surprised. The crazy thing about the Ruffino is, that after I saw bettyl0u was in MO and rejected, I called the 800 # and they told me specifically that MO was a valid state for the $5/15 Ruffino Beef. So I am not sure that is always going to work.

Good discussion - I would love to read some more opinions on how to handle this. I don't want others to get ripped off, as well as myself!!!

[CouponSAHM]

I just had this same problem with Estancia NWPN rebates (FIVE of them, no less, that I'd traded for). They all say the same things on them - void where prohibited, taxed, or restricted,blah blah blah, valid for U.S. residents of legal drinking age, yadda yadda... NO MENTION of specific states it can't be used in. I got the dreaded postcard denying me on one of them today - I guess they'll send me 4 more postcards pretty soon since I mailed them all off together! Estancia Wines is in CA, and I'm in WA (two states north) - how can my state not qualify? LOL I'm concerned with calling the 800# seeing as how my receipts are all from WA for the rebatable products, but I thought about using the "I bought the wine on vacation and it had the rebate on it" line. :O I'm sure they'd just throw it at me that the rebate form says "void where prohibited" and I'd be left with no retort. What to do??

ETA: I AGREE that the people who post these kinds of forms for trade should call the 800# for state restrictions, and if they get none, at least post the state they got the form in so those persons in those states should be assured to qualify if nothing else. Definitely do NOT put "no state restrictions" because it's too ambiguous as several of us are learning!
Don't say you bought the wine in CA because your receits are from WA but you might have picked up the rebate from CA while on vacation and then came home and purchased the wine.

[firefly779]

I finally got up the nerve to call the 888# on the postcard - and that denial was for that Ruffino $5/15 beef rebate I realized - and I was shot down. He did tell me that the other four I sent in for were processed fine (all Estancia wines forms). He argued with me that HIS information says it's only good in like four states, none of which were mine. I asked for a supervisor, he "accidentally" disconnected me. I called back, talked to a new person, she finally transferred me, and the supervisor STILL used the same "not in your state" line. Finally, he gave me a new # to call. I called, and that lady used the "void where prohibited" wording against me. I said "how am I supposed to know what that means? How hard is it to just put on there 'only good in these four states'," to which she replied "the Federal Government doesn't require us to put specific states on there, the wording we used is fine. Next time, call the # on the form to see if it's valid in your state". She asked me where I bought the wine, to which I replied "the form states NWPN, so that's really irrelevant". Sheesh. She said she'd look into it for me, but I told her the other supervisor already told me my state wasn't valid, and she said they won't honor it then. I think I just won't do NWPN anymore unless I find one in MY state at my local grocery store. But then, I don't drink wine, and I don't "steal" winetags or peelies, so that probably won't happen.