Bowl ad contest still stirs some ire

Posted by Smartie

Company with local ties hasn’t furnished trip

By Allison Bruce

Sunday, March 23, 2008

A contest for a trip to see the filming of a Super Bowl ad has triggered heated online discussion because the prize never materialized.

Jodie McPhee of Melbourne, Australia, saw the promotion online. The winner would get two tickets to Los Angeles and accommodations to watch the production. All she had to do was post a funny photo — which got her elevated to a finalist — and then post a funny blog about why she wanted to visit L.A.

On her blog, “Smartie’s Place,” McPhee wrote about a little pink plastic chicken that ran away to see the Super Bowl. She ended up winning the contest, partly with votes from her friends at VoteForTheWorst.com, a site that encourages people to vote for the worst “American Idol” contestants.

Problem was the contest was put on by MyBowlAd.com, which never followed through with making the commercial.

MyBowlAd was created last year by Mark Timms, a South Carolina resident who later brought on Evan White and Robert Howie, both of Ventura County. The ad concept was to sell small slices of time — one second of exposure on a sign or a couple seconds showing a company’s logo on a T-shirt.

It was designed to allow small companies that couldn’t afford a 30-second Super Bowl spot, which ran an average of $2.7 million this year, a chance to get some major exposure.

However, the idea didn’t generate enough sponsors or revenue to finance the ad. And McPhee didn’t get her trip, even though she won the online contest that was supposed to drum up interest and publicity.

The three men behind MyBowlAd went their separate ways afterward, but Timms plans to push the idea again for next year’s game under the new name MySuperAd.

McPhee has made it her mission to challenge the ad concept on her Web site: MyBowlAdIsAScam.com.

“Fox and the NFL have final say on the commercials that air, and they’re not about to let something this ridiculous on the air,” she wrote in an e-mail.

McPhee said she was notified in September that she won the trip, long after it should have been obvious the ad wasn’t happening. She received a congratulatory e-mail from White on Sept. 5.

“At no stage was there any mention that this may be postponed due to lack of funding,” she wrote.

White said it was a big misunderstanding, explaining that the idea was to involve more people when the commercial was filmed.

“Smartie’s mad because she thought she was winning a trip on a certain date,” he said. “In fact, she was winning a trip for when it (the commercial) was shot.

“We all assumed that everyone entering understood that the prize was contingent on the ad being shot,” White said.

“Everyone involved learned from the experience,” he said. “When it is shot, everyone will have their chance to come.”

White said McPhee didn’t listen to his explanation and instead launched her online crusade, which has included personal attacks.

Different stories

Timms said the contest controversy was the reason he and White parted ways.

“I knew very little of the contest’ and never approved the idea,” Timms wrote in an e-mail.*

He contends that White went ahead with the contest despite his objections. However, White counters that Timms and Howie supported it from the start.

That aside, Timms echoed White’s argument about the prize.

“The contest that he (White) created said that the person would win a trip to watch the making of the MyBowlAd commercial,” Timms wrote. “The commercial hasn’t been filmed yet, so there will be no trip.”

McPhee wasn’t the only one who didn’t get a prize. YouTube video blogger Ghostwise, aka Chris Binkowski of Canada, won a chance to star in the ad through a different contest on YouTube. That also included a trip to L.A. But he knew what would happen if there weren’t enough sponsors.

“I knew that without advertisers on board there wouldn’t be a commercial,” Binkowski wrote in an e-mail. “Without a commercial to participate in, there would be no prize for me.”

He said he did not take McPhee’s stance that MyBowlAd was a scam. He said the prizes could only be expected if the effort succeeds.

Fuelmyblog.com hosted the contest McPhee won. Chief Executive Officer Kevin Dixie said his site has a disclaimer that it cannot be held responsible for any prizes offered by contest organizers, but he was caught off guard by what happened with the MyBowlAd contest.

“We have never nor would we ever deceive our users and frankly are disgusted this happened on our site,” he wrote in an e-mail.

Dixie said the experience led Fuelmyblog to take steps to avoid similar problems in the future.

The site no longer hosts competitions for free, so that it can compensate someone if there is a problem. And it now works only with reputable Web sites that must guarantee prizes in writing.

Legal issues

Launching a contest has become easier with the use of the Internet — and a lot more complicated, said Sarah Bruno, an attorney with Arent Fox in Washington, D.C., who specializes in e-commerce, sweepstakes and contests.

It’s a lot easier to quickly jump from the, “Hey, let’s have a contest!” idea to putting something up online. Bruno said she sees more people launch a contest without thinking it through — even copying and pasting rules from another online contest and moving forward without any legal advice.

While it often works out fine, it also can be a recipe for disaster.

“It’s really risky running an online contest … there are a lot of issues people don’t even realize,” she said.

There are intellectual property issues and privacy concerns. If a contest is open to participants outside the U.S., it can become subject to laws in other countries.

In a case where a prize isn’t awarded, companies can run into legal challenges under state lottery and gambling laws, as well as federal and state unfair competition laws, she said.

In some states, sponsors are required by law to award a prize.

Bruno couldn’t comment on the MyBowlAd situation specifically but said the only way she could imagine a company not awarding a prize without being challenged on it would be if no one entered.

“If you’re advertising a prize, you’d better award it,” she said.

McPhee has written complaints to the attorneys general in South Carolina and California, the justice departments and governors of each state, Federal Trade Commission, Internal Revenue Service, National White Collar Crime Center, and Internet Crime Complaint Center, which operates in partnership with the Federal Bureau of Investigation.

Not giving any ground

McPhee is not pursuing civil litigation** because she figures the prize was worth about 5,000 Australian dollars (about $4,567 in U.S. dollars at the conversion rate Wednesday) — far less than the estimated legal fees.

She said she hopes she’s put off some companies from buying into MySuperAd. Her Web site lays out her case in painstaking detail, including copies of e-mail exchanges. She’s also explained her situation to friends on VoteForTheWorst.com.

They have helped her dig up information, and people with legal backgrounds have offered her advice.

“There’s no way I could have gotten this much information if it wasn’t for everyone’s help online,” she wrote. McPhee calls the support “a great example of what can happen when an online community rallies behind a member.”

She said what she wants is simple.

“I’d like all of this to be over. It’s been going on for months now,” she wrote. “I just want my trip!”

* - Mark knew all about the contest from the moment it started, and before. I have the proof.

** - I never said never……

Mark Timms won’t pay his bills

Posted by Smartie

Mark Timms claims, on his Match.com profile, that he earns over $150,000 a year. Considering that he’s learning to be a genius, you’d think he’d know that if you get a bill, you pay it. Right?

Not in Mark Timms’ world.

Timms started posting as MTRE007 on a website called Debt Consolidation Credit Repair Service. Why? Because he has a bad credit rating and history. Mark Timms does not pay his bills. He started many threads on their forum about his bad rating. Any time a user responded in a logical manner that he didn’t agree with (like pointing out the errors of Mark’s ways) he simply ignored it and started a new thread, continuing to whine about his self created situation. He’s never ever at fault, in his mind. He’s always a victim of everyone and everything else. I’m sure this behaviour has some sort of pathological term for it.

I do love that he’s using MTRE007 yet again. The same nick he uses on Match.com and as an affiliate link in spamming other dodgy programs elsewhere. I’ll tell you all about that later. But first, the credit history whining.

Some highlights:

I had back surgey when I was 22. I was covered under my parents Blue cross plan at the time. Coincidently during this time, the company my dad worked for switched insurance companies. The hospital never followed up with the other insurance company and I never knew it was unpaid. That is until I went to sell a house 5 years later, I found out I had a 6 month old judgement. He sent it my parents home and my mom received but failed to tell me!!!!!

The lawyer sent the judgement to my parents house 41/2 years later! Yeah, statute of limitation had ran out and the lawyer had no right to send a judgement so old. So, I got a lawyer and he made a motion. Well, despite the fact that we had post office change of address forms along with other data that showed that I WAS NOT living with my parents at the age of 26, the judge asked for me to settle the debt. Well, even if I wanted to settle, the plaintiff lawyer has been impossible to contact and my defense lawyer has flaked, wanting more money and says he doesnt do appeals. WHAT DO I DO???? - source

I know, he’s illiterate. And stupid. The judgement was accepted at the address listed. Just because he didn’t accept it but a relative did, doesn’t mean the acceptance was illegal. And I really doubt his mother failed to tell him. More likely she told him and it was something he didn’t want to deal with, so he ignored it. He does that a lot.

Do you know why he wasn’t the one to accept the judgement papers? He’d moved and was too lazy to update his address details:

I never changed my DMV stuff because I never thought it was a big deal and those lines! - source

Yeah those pesky lines are such a bore, only working stiffs would bother with that, right Mark?

Mark also likes putting everyone else at risk:

I lost my license due to DUI in college - source

Have you ever heard of the concept of NOT drink driving, you selfish prick? Look up the stats on the amount of innocent lives lost annually to drunk drivers. Disgusting.

And how does Mark Timms cope with owing money and not paying his bills, therefore having a strike on his credit history and impairing his ability to borrow even more money? Sue them all!

Been trying to settle but the hospitals lawyer is an ass and refuses to talk to me saying go get an appeals lawyer! When I win this thing I am going to turn around and sue him for filing a judgement after SOL. Can I do that? - source

and again

I sent certified letters to the collection agency and they never responded. Every time I call them they ask how I would like to pay!!!!! Its not my account and they have nothing!

What do I do now? Sue them right? Do I sue them in my town or their’s??? - source

and again

My credit report has one of my rentals as a primary address. My old tenants put stuff in my name!!!
I would pay but It will still remain as a collection and I heard that there is no way in hell to get it off if I pay.
Its a collection from a bug spray company. 200 bucks. I don’t pay to keep my tenants homes free of bugs! Its not my fault they were filthy. I tried contacting the local company and ended up sending a certified to the CA but nothing.

The bottom line is, they didnt reply, cant I sue for that? source

Isn’t he a lovely landlord? “It’s not my fault” is one of his favourite phrases. I imagine the bug problem was there before your poor tenants moved in, after all, Mark, you’re known for buying clapped out houses and renting them out. And going to foreclosure court a lot and being sued for not paying your mortgages, aren’t you?

And again

When is it best to sue in small claims versus federal? Only knowledgable responses please. - source

In other words, if you answer me with a legitimate response pointing out the error of my ways, I’m going to ignore you.

And again

Local court says I need to sue in town of collection agency for not validating claim and keeping it on my report. I guess I could sue experian and Transunion but they said the same thing applied! WHAT DO I DO. I have an account that doesnt belong on my report and the collection agency has nothiong but cant get it removed. I wanna make some cash in a settlement if possible - source

I’ll bet he needs the cash because other creditors are chasing him. When you’re not earning anything because god forbid you should actually hold down a real job like an adult, well, those bills do mount up! Eventually you DO have to pay some of them.

Theres a bill I havent paid in a year. - source

So pay it! What are you, Mark Timms, a twelve year old?

Not only are all lawyers Mark Timms deals with ‘crooked’, but so are his parents apparently:

If a lawyer files a judgment after statute of limitation has expired can he be sued for malpractice?
The thing is, a crooked lawyer sent a judgment to my parents address, knowing I lived on my own. My parents never notified me instead went after the hospital and insurance. The judgment was for a case that happened years earlier when I lived at my parents and was covered under their insurance. They never sent me the papers so I never knew I was served until I went to sell a house a few months later. Can I sue the lawyer for clearly putting a judgment on my record well after statute of limitations. - source

as well as

I was served at my parent’s house. I have all the information that proves I didnt live there, change of address, taxes show my house as primary,etc……. Debt collector simply used address they had from a 5 year old debt. Yeah SOL had ran out on it and the lawyer’s partner is my neighbor down the street. HOw screwed is that! Whats more screwed is the fact that my parents didnt tell me!!! Someone please email me and tell me what I need to do now. Been waiting 6 months for I dont know what. THe judge already ruloed in their favor but will be takng it to appeals. - source

and he has another go at his ‘crappy’ lawyer

I have a case in which I was improperly served a judgment for a mediacl bill at my parent’s home.

The collection account in question was well over Statute of Limitation.

My Lawyer is crappy and wont call me back.

WE had a hearing and lost because the lawyer and judge are crappy.Its awaiting appeals now.

I have proof of address and the debt collector has nothing but an old record saying my parents address from 6 years ago!

Can I request the debt collector to validate the accuracy of the debt or is that too late? - source

A poster responded to that one, but obviously posted what Timms didn’t want to hear, so he ignored it. See, never Mark Timms fault, is it?

Mark Timms not only owes money on a hospital bill he ran up, and wants to sue anyone he’s come across trying to avoid paying it, he’s also got car problems:

What Do I do??????? I honestly had my car stolen a few years ago. I had to take the insurance company to court to pay the deal. The loan was through American General and the insurance was through a company they used. It was all an inside deal. Anyway, It shows on my account as settled for less than amount. The insurance company not only made it derogatory, they settled with American General for less than what was due!!!
What do I do. Can I sue or threaten to sue American general under FCRA rules??? I just want this thing to go away. Its been on my account for 4 years and has seriously stalled my ability to use my credit. - source

In essence - he bought a car, someone ‘took’ it, Timms paid too much for it, now insurance won’t cover the difference. Still owes money on car payments, and the ‘theft’ of the car didn’t cover what’s owing. Timms’ reaction? Sue someone!

He’s had FOUR YEARS to deal with this. Normal people would have sucked it up about the difference and PAID.THE.BILL. Mark Timms ignored it, scored another strike on his credit history and now thinks the only solution is a law suit. I’m surprised he hasn’t tried to sue me yet, for exposing all his fraudulent activities, scamming and lies.

He’s also threatened to sue someone, anyone, lawyers, collection agencies, you name it, eight times!

Mark Timms told a journalist on the 7th of this month that he’d raised $160,000 for MyBowlAd or MySuperAd so far. Yet he’s scrounging around on debt fix forums on how to sue for a cash settlement because he’s in dire need of money?

He also posted on a spam blog for satellite tv software with something that looks like it’s condoning theft of satellite television:

Note that MTRE007 link! Funny thing is the link doesn’t work, I think Timms got caught spamming and paydotcom have deleted his account.

Yes, Mark Timms has ANOTHER blog up, as well as mysuperad.blogspot.com pushing his fraud, and carolinafilm.blogspot.com pushing his ‘genius’ program. He now owns freecablenetwork.org, which redirects to freecablenetwork.blogspot.com and looks like it’s one of those ‘how to steal satellite tv’ kind of things happening there. Nice. Free hosting sites are his forte nowadays, because he’s so broke he can’t afford proper web hosting.

Note how he can’t even spell his own address? It’s Castlereagh Road. Not Catslereagh. Nor does he include his correct details on the domain listing - that’s not his name or company name. I’ve reported him for falsely registering the domain. It’s against ICANNS rules to submit false information on a domain registration.

And again with the 007 - this time in the email address Marktimms007@yahoo.com James Bond he sure ain’t!

I’d LOVE to speak to Mark Timms’ ex lawyer. If anyone knows him, please feel free to send him over here and ask him to get in touch. I bet he would be enormously useful in my case against Timms the fraudster.

I’m incredulous that Timms is still getting publicity for the flaming failure that MyBowlAd was. Superbowl 2008 came and went and no MyBowlAd commercial like he promised. Yet journalists are still willing to write articles about the failure and Timms’ new scam, without even turning to Google to see what’s being said about Timms’ project? Just one Googling of Mark Timms, MySuperAd or MyBowlAd would have brought up pages of links back to this site.

Hopefully my site has turned off at least one prospective customer. Anyone who goes into business with Mark Timms is a fool; you’ll lose your money and never see anything for it.

I’ve got all the screencaps from every single thread Timms created and/or posted in, so if he goes back now and edits his posts to hide the truth again, doh! Too late.