It happened again. This isn’t the first time and won’t be the last.

Why?

Because advertising agencies and marketing departments are run by people—human, fallible people who are doing their best every day, and sometimes they drop the ball.

This time, it was Hamilton Beach.

Inadvertently, everyone who entered got an email stating they won an air fryer.

OOPS!

Once the error was discovered, an email retraction was immediately sent out. I immediately started getting emails and DMs from entrants wondering what their recourse was to get the air fryer.

The answer is that there isn’t one because every set of official rules should have a limited liability clause. Here is the one from the contest in question:

8. LIMITATION OF LIABILITY: Sponsor and the Sweepstakes Entities are not responsible for, and entrant hereby releases Sponsor and the Sweepstakes Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes and (vi) use of any prize.

The rules are a legal and binding contract between the sponsor and the entrant that can be upheld in a court of law. (If you saw McMillion$, you would know the rules were what the prosecutor used against the defendants.)

Yes, I know it is disappointing. I have had it happen to me. However, I know someone in some marketing department is having a much worse day. I reply with an empathetic email and let them know that, as a fellow marketer, it isn’t the end of the world and will get better. I have received appreciative emails back.

Again, this isn’t the first time this has occurred and it won’t be the last.

This one was a drawing error, but M&Ms and Tim Horton’s had a contest error in which many were notified they had won a prize when, in fact, they hadn’t. I believe M&Ms handled their error better in 2010 when they offered everyone a $20 gift instead. (Read Contest Glitch.) Tim Hortons’ response angered so many people that it made national news. (Read When Sweepstakes Glitch.)

So if a marketer makes an error, be kind, know they are only human, doing their best, and perhaps take my lead and send an understanding email back.

Have you ever been part of a contest glitch?