Tim Hortons blames ‘human error’ for false $55K Roll Up To Win prizes

Foster, from Halton Hills, was one of many Tim Hortons customers who were erroneously told Wednesday they had won a boat that retails for more than $55,000 — only to be informed hours later they had not. The customers, over 1,000 of whom have since formed a Facebook group, are now entertaining the possibility of a class-action lawsuit against Tim Hortons.

But Suzanne Chiodo, an assistant professor at York University’s Osgoode Hall Law School who specializes in class action, speculates it may be difficult to prove damages or a breach of contract.

“It might be a storm in a Tim Hortons’ cup,” Chiodo told the Star. “I just don’t know if it rises to the level of getting damages awarded by a court.”

In a statement, Tim Hortons said the email was meant to give customers “a fun overview of their 2024 play history. Unfortunately, there was a human error that resulted in some guests receiving some incorrect information.”

An erroneous Tim Hortons email leads to heartbreak

Customers first received the notification they had won a boat — a 2024 Tracker Targa 18 WT, along with a trailer — on Wednesday morning, tucked in at the bottom of an email recapping their Roll Up To Win prizes. While everything else in the email — doughnuts, coffees and the like — was accurate, the boat was new.

Connor Dodsworth, who lives in St. Catharines, was immediately skeptical.

“As much as I spent the day fantasizing about the possibilities and the fishing trips … it was something I definitely kept fairly guarded,” Dodsworth said. “But of course, living in the state that we are in Ontario, any glimpse of a financial bump definitely gets you excited.”

Dodsworth told one of his best friends, who began planning a summer at the trailer with the boat.

Foster, who received the same email, checked with others to make sure the email wasn’t a mistake, then went to a local franchise to confirm it.

There, employees told her she had indeed won and needed to fill out paperwork. She left her name and number, later calling Tim Hortons head office because the prize was over $100. Her phone call never went through.

Then, around 4:30 p.m., the correction came, telling customers to “disregard the content of that email.” Foster says she was heartbroken.

“The money would’ve helped tremendously with me being a single mother,” she said, although she hadn’t decided if she would keep or sell the boat. “I’m in college so it’s kind of hard to be able to pay for everything for my kids as well as going to college.

Can customers sue Tim Hortons?

A successful class-action lawsuit may be difficult, though. Proving damages requires showing mental distress that rises above the “annoyances and anxieties of everyday life,” Chiodo said, and the disappointment from the erroneous email may not meet that threshold.

One question the court may ask is whether customers relied on Tim Hortons’ misrepresentation to make decisions that hurt them, according to Andrew Eckart, staff lawyer at the University of Windsor’s Class Action Clinic.

“I won a boat, now I’m going to buy a truck,” Eckart gave as an example. But since that would be unique to individual customers, it may not make it conducive for a class-action lawsuit.

The lawsuit could also allege a breach of contract, but that depends on Tim Hortons’ terms and conditions. Chiodo speculates the company may already be covered.

“It’s a major multinational corporation, so probably,” she said. “But I haven’t read the terms and conditions.”

Another factor is simply whether it would be financially worth the legwork for a law firm.

“Questions those lawyers are always going to have is, ‘Am I going to make any money?’” Eckart said. “That depends on what damages are available.”

A history of Roll Up To Win flubs

This isn’t the first time Tim Hortons has flubbed its iconic marketing campaign.

Last year, a “small subset” of customers, the company said, were falsely told they had won $10,000. One customer from St. Catharines was told he had won just hours before his wedding. Instead, Timmies offered a $50 gift card as compensation.

The company has given no indication it will provide compensation for those who were told they had won a boat. A Tim Hortons spokesperson did not answer a question from the Star asking what the company would do to rectify the mistake.

The company moved the campaign — previously known as Roll Up The Rim To Win — fully digital in 2021, eliminating the messages printed on the rim of coffee cups and instead hosting it on its app.

“I don’t mind the digital platform. It’s just the lack of physical pact,” Dodsworth said. “We have nothing. It’s a digital paper trail that they can very easily disregard.”