Asheville Christmas Day snow promotion has Wilmington jeweler in court

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From wect.com:

A popular promotion from Perry’s Emporium now has the jeweler defending himself in court.

The promotion ran in December. Perry’s promised to reimburse customers for jewelry they purchased if it snowed three inches in Asheville on Christmas day. It snowed and Perry’s gave away nearly a half a million dollars in jewelry.

Now, one customer is claiming in a lawsuit that he wasn’t reimbursed by the full amount.

The customer bought $7,616 worth of jewelry, according to the story, and is claiming he was not reimbursed about $560 more dollars, which was the cost of the sales tax.

3 Comments

Techstar March 28, 2011 - 5:01 pm

Exactly. If you win the lottery, or some other prize, and the price is large enough, the winner is responsible for the taxes unless that is specified otherwise in the rules. My guess is that that was unspecified for this promotion, so the litigant probably has no leg to stand on. Wasn't $7100 enough?

Mike March 27, 2011 - 2:31 am

Perry's doesn't owe the guy the sales tax. The company collects the sales tax for the state; it's the state's money, so if he wants it back he needs to go to the NCDOR and try (unsuccessfully) to convince them that he should get special treatment. Generally one is subject to sales tax on the retail value, even if one receives the item from the business for free.

plastic paddy March 25, 2011 - 3:32 pm

God, I really hate people. I hope this person chokes.

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