My Super Ad Scam?

It’s three weeks to go before the NFL Super Bowl XLII in Phoenix, Arizona. One ad that won’t be showing on US screens is the Super Bowl Ad being promoted by Mark Timms of MySuperad.blogspot.com.

Mark Timms Super Bowl commercial

South Carolina Mark Timms wanted to be in a SuperBowl commercial so much that he came up with the idea of gathering celebrities and companies together to make an indy ad possible. Here’s his video posted on 11 April 2007…

Click on the image below to play the video.

Mark Timms worked with publicist Evan White and web site designer Robert Howie to set up mybowlad.com. On YouTube they ran a contest to choose a member of the public to appear alongside internet celebrities in the advertisement. To raise awareness and viral credibility they ran a contest on Fuelmyblog, the prize being a trip for two to Los Angeles to watch the making of a commercial that would run during the Super Bowl in 2008. The competition involved taking a funny photograph, writing a funny blog post, linking it to FuelMyBlog and MyBowlAd, and winning votes. In September 2007 the MyBowlAd team named the winner as Smartie, a blogger from Victoria, Australia.

Complications

In October Timms parted company with White and Howie. The YouTube competition was taken off the net. Smartie in Australia discovered that nothing was happening with her promised trip to the United States. Mark recreated the campaign as MySuperAd, hosted at mysuperad.blogspot.com. Smartie created a web site to expose the scheme as a scam, My Bowl Ad is a Scam. She found other people involved in the contest to share their concerns on a forum: Mark Timms, Evan White PR, and MySuperAd/MyBowlAd Hate Club at Vote For The Worst.

Continuing Concept

Mark’s concept is a recreation of the Bob Dylan Subterranean Homesick Blues music video, using internet stars Judson Laipply, the Evolution of Dance guy, Gary Brolsma, “The Numa Numa Guy“, Sarah Spain, “Super Bowl e-Bay Style”, Naked Cowboy Robert John Burck, Rhett & Link, “Just 2 gyrating dudes”, Dylan the Couch Kid, Justine Ezarik of TastyBlogSnack.com”, “littleloca” Stevie Ryan of littleloca.tv, Chris Thompson of SupRicky’s YouTube

Mark has posted his demo version, using The Yeah Yeah Yeah Song (With All Your Power), a song by The Flaming Lips. A woman walks towards the camera holding up placards with well known company logos, dropping them on the ground.

Click on the image below to play the video.

A number of questions remain…

1. Which company would tolerate its logo being used in this manner?
2. Which company would associate itself with this kind of operation, let alone share in the $2.7 million required for a 30 second commercial?
3. How long before Warner Music is in touch re the Flaming Lips music?
4. Are all of those internet stars really signed up with this deal?

11 Replies to “My Super Ad Scam?”

  1. There are many more questions brought up by this saga, like copyright issues of Timms using 21 company logos in his demo. I’ve notified all the companies he’s named, alerting them to the misuse. He just keeps on trying to continue this scam, but where’s the money five sponsors gave him last year? He’s taken in $105,000 and what do they have to show for it? And he claims to be giving some of the profits to charity – what profit? He’s attempting to insinuate some legitimacy with the charity angle, but sounds to me like more fraudulent behaviour.

    Thanks for the coverage. 🙂

  2. To clear a few things up. That contest was not approved by me. Evan White Pr and his buddy at fuelmyblog.com did that. Either way, she knew it was an independent project and she is simply blowing smoke. She won a trip to be in the commercial? You should listen to the CBC story or our press. Every single article says we are raising money for the commercial. Everyone including her knew that it is an independent commercial at the whim of raising enough money. And as far as the contest, she has yet to answer what exactly was it that she did to win. And fuelmyblog claims they have authorization from me. Smartie said she would get it but never did! That’s because I did not authorize a contest! I dont know what the rules were or anything. I mean, why did she win? She’s chasing the wrong cat! The youtube contest, everyone knew that it was dependent on raising the cash and they are still in. And Smartie, Chris did the 48 states in 7 days trip with me and consider him a good friend. So, dont go trying to make him look like he’s supporting your nonsense!

  3. Mark, I merely showed the exact words Chris said to me. And I have no need to prove anything – I won, fair and square. What part of business law and liability do you not understand? All of it, it appears.

  4. “Everyone including her knew that it is an independent commercial at the whim of raising enough money.”

    No, she didn’t, because you didn’t put a disclaimer on it which is what you’re supposed to do when running contests like this. And, because you didn’t put the disclaimer, she is still entitled to her prize. You say she “hasn’t answered the question” of what prize she won, but 1) she has told you multiple times and 2)the prize was stated in the contest, whch was a trip to LA to be in your commercial.

    “I did not authorize a contest! I dont know what the rules were or anything.”

    You’re name, as well as the names of Evan White and Robert Howie, were on that contest. If you’re name is on it, it’s your’s. If you didn’t want to be apart of it and didn’t know anything about it, as you claim, then you should’ve had them remove your name from it. It’s not Smartie’s fault you can’t get your shit straight. Before you go on trying to make a new commercial and spamming it all ove the place, you should amend your old debts first. Being immature isn’t going to make it go away, as you have seen, and now you are getting exactly what you deserve.

    Peace and love to ya Marky! 😉

  5. I never approved the contest but the simple fact is, there was not a date set and she did know it was an independent project. she said she was getting emails from FuelMyblog to say I approved it. That guy is a liar because I never approved that idea. How can you hold me accountable for something I had absolutely no control over? Pam, you say my name was on that contest. Smartie site is ful of propoganda. My name WAS NOT attached to that contest and I did not approve it. How about doing what you said you were going to do Smartie and get those emails that Kevin claims he has, saying I was kosher with that cheesy contest. You should get him and Evan to buy your ticket.

  6. What on earth does “it was an independent project” mean in relation to the availability of the prize? Nothing, really. No where was it stated – on YOUR site which you have now HIDDEN, (however I have screen grabs of every page and there was never a mention of this condition) or on the competition, or via ANY emails with Evan or FuelMyBlog until long after the contest concluded, that unless you raised the funding, the trip was not going to take place. No, this contest ran for months, with not one squeak out of you, Mark. And you knew full well, for months, that it was progressing. And you did nothing. Nothing at all. You admitted that in writing. You hoped it would just go away. By ignoring it. Doing absolutely nothing. That means you approved the action of your representative and allowed it to continue to the end.

    This contest was run and sponsored by and approved by legal partners in MyBowlAd. Thefore, MyBowlAd is liable for the prize. You being the sole legal owner of MyBowlAd LLC now is solely liable. Pretty basic knowledge in business laws there. Read up on contest laws and legal requirements and obligations, Mark. For once.

    My site is not propaganda (and learn to spell, or use spell check for once in your life, Mark). It tells the truth. You, on the other hand, are living in delusional world, in deep denial about your incompetence and inability to admit your mistakes, limitations and fault.

    The authorities see this as a pretty clear cut case of fraud, Mark.

  7. If you didn’t want that contest to happen and didn’t want your company to be associated with it, then you should’ve put some effort into stopping it before it happened, not denying your involvement afterwards. Also, badmouthing the person who actually lost something from this (Smartie) doesn’t help your case.

    What I don’t get is why you don’t just give Smartie 5 grand of what you have already. Her being angry at you and making a site about you is what is keeping you from raising more money. Just give her her money and maybe she’ll consider taking the site down, making it easier to raise that money back and more.

    Though it’s probably too late now. She’s pretty pissed.

  8. Mark:

    According to both statute, the contest violated several federal laws with respect to contests offered on the Internet.

    You cannot hold a contest when the prize is to be awarded at a non-specific time and place in the future. It cannot be awarded contingent on a set of criteria of your chosing.

    The fact that you claim that you didn’t know what was going on is irrelevant. Ignorance of the law is not considered an affirmative defense in any state or federal court.

    The fact that you claim the bowl ad project is one of an “independent” nature. Is irrelvant. You are bound by the same statutes that bind large companies.

    Your attempts to continue your scam are laughable. Any company of any size looking to participate in this lousy idea, doing even a modicum of due diligence, will discover your fraud.

    No company is going to give you a dime when they learn, via a simple Google search, that you are under investigation by state and federal authorities. And since you are claiming income of over 6 figures for this scam, if I were you, I wouldn’t ignore those letters from the IRS in your mailbox.

  9. Funny how there’s always a pretend support post for you, Mark.

    “Theresa”, read my site, get all the facts. There will be no profits as he will never raise sufficient funds. But he’s insinuating some sort of association with the charities listed, so any one silly enough to give Timms money thinks half their money is a donation. Nope. White collar fraud.

  10. I am astonished at how much drama I have missed with this entire situation that has built up. It has given me something to do over the past few months while ignoring Mark’s ignorant emails he sends me. However, I can provide video evidence from my road trip while I was at dinner with Chris, mark and Chris’s family in Crystal Lake, Illinois when Mark kept talking about how much money would be profited from the commercial and what he was going to be doing with it etc. The word “charity” never came up. Just info ppl just info.

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