Mike Lindell, the CEO of MyPillow, recently made headlines with his announcement of the “Prove Mike Wrong” challenge. The challenge, which promises a $5,000,000 prize to anyone who can disprove his claims of election fraud in the 2020 U.S. Presidential Election, has drawn both praise and criticism.

As an attorney, I feel it is important to examine this challenge from a legal standpoint. While Lindell has the right to express his opinions and beliefs, it is important to remember that the burden of proof lies with him to support his claims of election fraud. The challenge, while it may seem like an opportunity for individuals to present evidence to disprove Lindell’s claims, is not a legal or legitimate means of determining the validity of the election results.

Additionally, the challenge may serve to further divide the country and perpetuate the false narrative of widespread election fraud. The 2020 U.S. Presidential Election has been widely acknowledged by numerous courts, election officials, and independent organizations as fair and legitimate. It is important for individuals to accept the results of the election and work towards healing and unifying the country.

Furthermore, it is important to recognize that Lindell’s challenge may also serve as a means of self-promotion and publicity for his company, MyPillow. By offering such a large sum of money, Lindell is able to generate buzz and attention for his brand. However, this should not distract from the fact that his claims of election fraud are unfounded and lack evidence.

Conclusion

While the “Prove Mike Wrong” challenge may seem like an opportunity for individuals to challenge Lindell’s claims of election fraud, it is not a legitimate or legal means of determining the validity of the election results. It is important to accept the results of the election and work towards unity and healing as a country. As an attorney, I urge individuals to carefully examine the evidence and facts before making any claims or accusations of election fraud.

Video Transcript

Note: The paragraphs italicized and indented are from the transcription of the video being reacted to.

Is an offer to the public enforceable? That is what we are talking about today, and there is a very interesting story in the news with the CEO of MyPillow, Mike Lindell, who made an offer, an offer to the general public regarding election fraud. Let’s take a look at that little news story here, and then we are going to talk about a similar offer made to the public from Pepsi. We are going to compare and contrast those and talk about what actually happened here from a legal perspective.

Denier Mike Lindell ordered to pay up after making this multi-million dollar promise to anyone who could prove him wrong. “There is a $5 million prize for anybody that can prove the election data that I have from the 2020 election is false.”

Now, keep in mind this was not just one little announcement here. It was something he repeated time and time again, and it was actually in writing on his website.

One cyber expert did, and now Lindell must pay. An arbitration panel awarded Robert Seidman, a Trump voter and software expert, a $5 million victory Wednesday.

So you just heard it wasn’t a court, it was an arbitration panel. Let me explain what is happening there. There are two ways you can get to arbitration. One is by the parties agreeing in advance or having that as part of the terms of a contract. The second way is for the parties to agree once a dispute arose.

I suspect what occurred here is that the contest offer put out by Mike Lindell included an arbitration provision, so if there was a dispute, the parties would have to go to arbitration.

CNN obtained documents and depositions in this case and according to the arbitration panel, Mr. Zeidman performed under the contract. He proved the data Lindell LLC provided unequivocally did not reflect November, 2020.

Interestingly, the arbitration panel found there was a contract, and I think that is an important note when comparing to the Pepsi Harrier jet commercial, which we will take a look at. In fact, let’s take a look at that right now.

This is the trailer for the documentary put out by Netflix covering this commercial and the lawsuit that followed.

Now, the more Pepsi you drink, the more great stuff you are going together. Play that again.

All right, so Pepsi said, “Look, if you get 7 million Pepsi points, you can trade them in for a Harrier jet.” And in short, there was a guy who found a way to purchase points, and in doing so, he was able to acquire 7 million Pepsi points, and he did it for far less money than it would cost to buy a Harrier jet.

Fine print came up. I don’t care what anybody else says. That is a legit offer. In the nineties, Pepsi was famous for plea advertising. It was a cool club to be in. Different world then. Different John. This commercial comes on Harrier jet, 7 million Pepsi coins. I really saw this as an opportunity to change my world. I am like, I want the jet.

I get this guy’s point like, he saw the ad. He followed through with the terms of the ad.

My mind couldn’t stop racing to try to figure out how to make this happen. We just couldn’t drink that much Pepsi. I need to buy 1.4 million, 12 packs. I knew there was one person that I could potentially get to bite on this, and then he picked this idea. It is crates insane.

So this kid who wants to get the Harrier jet decides, I don’t have enough money to buy these points. I need to go to an investor. And he goes to this investor.

Six warehouses, somewhere in the neighborhood of 45 people. It would cost $4.3 million. I am reading the fine print. We found a loophole. Here we go. Bring on Pepsi. Hey, somebody sent us a check for $700,000 for the Harrier Jet. What? What? 7 million points. Harrier Jet. You what? It is clearly a joke. This was a money-grab opportunity. Then they changed the ad.

Really fascinating documentary. You have the guys at Pepsi and the people who put together the ads saying, “Hey, it was just in fun. It was just in jest.” And then you have this kid and this investor that is kind of built a business around getting enough Pepsi points and then cashing in on this prize that was announced to the public in an advertisement which is on TV and recorded.

Kidding here. Pepsi went on the offense. It was in no way an admission that we had done anything wrong. It wasn’t admission of guilt. That was above my pay grade. Legal will kill anything. It was something right out of Tom Clancy story. I am not going to prison over a damn jet. We needed to shake things up a little bit. Plot twist. Michael Avenatti, you can read all about him. Just Google his name. This is when things really started to get crazy. They never figured that there ever would be a John Leonard. What did I have to lose? He wanted that jet. I want the jet. Johnny wants the jet.

All right, so now let’s go back to today’s news with Mike Lindell and finish the news story.

Lindell later convened a 2021 Cyber Symposium. This was attacked our, the whole technology was attacked. Where he aired his unproven conspiracies and invited experts to debunk his data. I want it to be the most watched event ever in history because we need everyone in this country to see what I have.

So look at that $5 million challenge in writing. Seems pretty similar to the Harrier jet from Pepsi. Let’s keep going.

It didn’t take long for Zeidman to determine Lindell’s data. Was it done? When I got there, I found the data was just so obviously bogus. It surprised me. You know. And in a brief interview, he vowed to CNN this will end up in court. So will Zeidman ever see his 5 million bucks? His attorneys are hopeful.

So let’s pause for a second. How could a decision from an arbitration panel end up in court? Well, there is an option to appeal an arbitration decision, but you need to show that either there is some sort of due process violation, which means some sort of procedural error that had a result. Or some sort of bias by the arbitrator, or some funny business, something like that, or just the process somehow was corrupt, or the decision by the arbitration panel was just manifestly unjust. So those are the ways that you can overturn an arbitration decision. The general rule is, though, it is very hard to overturn an arbitration decision. The burden is on the party trying to overturn it to produce evidence showing that there is a sufficient basis to overturn the arbitration decision.

All right, so let’s set aside the politics of this because what is interesting here is you have two essential cases. On one hand, you have the Mike Lindell case, which was tied to an arbitration panel. On the other hand, you have the Pepsi Harrier jet case, which actually went to court.

The Mike Lindell panel found that Mike Lindell had to pay because somebody fulfilled the offer that was put out by Mike Lindell. It was a contract. But there was a different outcome in the Pepsi Harrier jet case. In that case, the court said nobody could possibly believe that you would get a Harrier jet in exchange for these points. The commercial was a joke. It was humor. It was simply giving an extreme hypothetical for the purpose of comedy.

You wouldn’t actually have a kid flying to school with a Harrier jet. The judge pointed out the kid was barely old enough to drive a car, and here he is flying a jet. Second, no school would have a runway where a Harrier jet could land. And finally, this was clearly a joke. Nobody ever should think it was reasonable to be able to buy a Harrier jet worth many millions of dollars for a fraction of that amount through the contest rules. So the judge ruled that it was puffery or not a real contract. Unlike the Mike Lindell case.

So what do we take from this? Well, if you are putting out a contest or an offer to the public, the question is, are you sincere, or is it a joke? And if it is a joke, you should make sure you have some sort of disclaimer, making clear it is a joke. And that was one of the big issues in the Pepsi documentary, that there wasn’t a disclaimer on the ad in the beginning.

If you have questions, feel free to put them in the comment section below. I am Aaron Hall, an attorney for business owners and entrepreneurs. If you like hearing answers to questions from other business owners, feel free to subscribe to this channel.

And if you don’t already have it, we have a free PDF listing the most common problems experienced by new business owners and how to avoid them. You can get that, plus follow-up emails with videos from me explaining those concepts and helping educate you on how to avoid those problems in your business. All of that is available for free. You can get it at aaronhall.com/free.

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