How to File a Legal Complaint for Unpaid Online Contest Winnings

Winning an online contest brings a sense of accomplishment, but that joy quickly turns to frustration when the organizer fails to deliver the promised prize. In the Philippines, online contests—ranging from simple social media giveaways to complex talent competitions—are regulated by law. Winners have clear legal avenues to demand what is rightfully theirs.


1. Establishing the Legal Basis

Under Philippine law, an online contest is generally viewed as a contractual agreement. By joining the contest and fulfilling its mechanics, you have performed your part of the bargain. The organizer’s failure to provide the prize constitutes a breach of contract.

Furthermore, most promotional contests fall under the jurisdiction of the Department of Trade and Industry (DTI) or the National Sweepstakes and Promotions Board, depending on the nature of the event. If the contest was held without a DTI permit, the organizer may also be liable for administrative violations.


2. Essential Evidence Gathering

Before taking formal legal action, you must consolidate all evidence of the transaction. Digital evidence is vital:

  • Contest Mechanics: Screenshots of the original post, terms and conditions, and eligibility requirements.
  • Proof of Winning: Screenshots of the official announcement, direct messages, or emails notifying you of your win.
  • Communications: Logs of all follow-ups you made (emails, DMs, or Viber messages) and any excuses or "ghosting" by the organizer.
  • Organizer’s Identity: Information regarding the company or individual (business name, address, or verified social media handles).

3. Step-by-Step Legal Procedure

Step A: The Formal Demand Letter

The first formal step is to send a Demand Letter. This is a document, preferably drafted or signed by a lawyer, that:

  1. States the facts of the win.
  2. Demands the delivery of the prize within a specific period (usually 5 to 7 days).
  3. States that failure to comply will result in legal action. Sending this via registered mail with a return card provides proof that the organizer received your demand.

Step B: Filing an Administrative Complaint (DTI)

If the organizer is a business entity, the DTI Fair Trade Enforcement Bureau (FTEB) is the primary agency for consumer complaints.

  • Mediation: The DTI will first call both parties for mediation to reach a settlement.
  • Adjudication: If mediation fails, the case proceeds to adjudication, where a DTI officer will decide the case. The DTI can order the delivery of the prize and impose fines on the business.

Step C: Filing a Small Claims Case

If the prize is monetary or has a determinable value (and the total claim does not exceed PHP 1,000,000 in Metropolitan Trial Courts), you can file a Small Claims case.

  • Simplicity: You do not need a lawyer to represent you in court for small claims.
  • Speed: These cases are designed to be resolved quickly, often in a single hearing.

Step D: Cybercrime and Fraud

If the contest was a "scam" from the start (i.e., there was never an intent to give a prize), it may qualify as Estafa (Article 315 of the Revised Penal Code) in relation to the Cybercrime Prevention Act of 2012 (R.A. 10175). In such cases, a complaint can be filed with the NBI Cybercrime Division or the PNP Anti-Cybercrime Group.


4. Summary of Legal Remedies

Action Type Body / Agency Primary Goal
Administrative DTI (FTEB) Mediation, fines for the organizer, and prize delivery.
Civil (Small Claims) MTC / MeTC Court order for payment/delivery of prize value.
Criminal NBI / PNP / Prosecutor Prosecution for fraud or "Estafa" under Cybercrime law.

5. Key Considerations

  • Jurisdiction: If the organizer is based abroad, enforcement becomes significantly more difficult, though the DTI may still act if the company has a local Philippine branch or representative.
  • Taxes: Under the National Internal Revenue Code, prizes exceeding PHP 10,000 are generally subject to a 20% final tax. Check the contest terms to see if the organizer or the winner is responsible for this tax.
  • DTI Permit Number: Always check if the contest post has a "Per DTI Fair Trade Permit No. ___." The absence of this is a red flag and a separate ground for a DTI complaint.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.