Man seeking compensation after Tim Hortons boat win blunder
For a few hours last week, Mike Kelly was really excited about spending some time out on the water this summer.
An avid Tim Hortons customer, the Cobourg man signed up for the restaurant’s app that promises the possibility of several grand prizes when you take part in the company’s digital Roll Up To Win contest.
On April 17, his purchase showed a monumental win — a fishing boat valued at about $55,000.
“I was so excited because I just got my boat licence. Winning that boat would have been life changing,” he said.
But a few hours later, he learned it was a mistake — something the company blamed on “human error.”
“It’s been really disappointing,” Kelly said, “especially when I spend a lot of money there on the regular basis, you know?”
He wasn’t alone. It’s been reported that Tim Hortons sent out about 500,000 notices to customers that day, notifying them they had won the boat.
Now, a Quebec-based law firm has proposed a class-action lawsuit — yet to be certified — claiming that the defendants are owed the boat, as well as damages. Kelly hopes he can be a part of it.
“I’ve already left a message for the lawyer to call me back,” he said.
Boating would have been something new for Kelly, but after recently getting his boating licence, he says it seemed for a short time that the win was some sort of destiny for him.
“I would have been able to be out on the water and everything. But unfortunately, I’m not the only one that’s disappointed,” he said. “You know there’s a lot of other people.”
He’s not sure whether the lawsuit will be successful, or whether he can even be a part of it. But he does believe all the winners deserve something for the mistake.
“I don’t know what fair compensation should be, but there should be something,” he said.
“I’m just really disappointed in Tim Hortons, you know, for misleading people … you’ll get them all excited and then next thing you know ….”
Kelly also feels the situation wouldn’t have happened if the company hadn’t changed the contest a couple of years ago, opting for the app over the old format where you uncovered the prizes under the edge of a cup.
“I wish they would have just stuck with the cups,” he said. “They should have just left it where you roll up the rim.”
‘‘ But unfortunately, I’m not the only one that’s disappointed. You know there’s a lot of other people.
MIKE KELLY TIM HORTONS CUSTOMER