Friday, January 12, 2018

John Cena is an ambassador?

John Cena is a big deal professional wrestler and a lesser deal actor. He's also a big time car guy. In fact he has a 2017 Ford GT in Liquid Blue with 20" forged aluminum graphite wheels (with black lug nuts), silver brake calipers, a "Dark Energy" interior theme, exposed exterior carbon fiber finished in Gloss Shadow Black, and a leather wrapped steering wheel.



These cars are really hard to get--Cena had to apply to buy his (which cost $460,000!) and he was selected out of thousands of applicants for the right to buy this exquisite machine because Ford deemed him to be an "influencer[] and ambassador[] of the vehicle and the Ford brand ...." I know this because Ford sued Cena in federal district court for selling his 2017 Ford GT.

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Part of the application to buy the GT said "If you are selected as a Selected Applicant, there is no guarantee that you will be offered an opportunity to purchase a GT, because the terms of any purchase are subject to mutual agreement by the pertinent seller and the prospective buyer." So if Cena can't reach a deal with his local dealer, no GT.

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After Cena was selected, he had to sign an "Affidavit of Eligibility and Release" which stated in part "each seller of a GT will have the right to condition the sale on the purchaser's agreement to restrictions on resale or transfer of the GT ...."

Then, when Cena reached agreement with Elder Ford in Tampa, he signed an order confirmation which stated in part "You understand that being selected for the opportunity to purchase this vehicle is non-transferable and agree not to sell the vehicle within the first 24 months of delivery."

Cena took delivery around September 23, 2017. He sold it some time on or before October 20, 2017. Even if you aren't great at math you can probably see that this time period is less than 24 months. In fact it's less than one month.

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As a result, Ford sued for breach of contract, fraud, silent fraud, innocent misrepresentation, and unjust enrichment. And they might have a legitimate case for some of those claims, but I'm not sure how they will establish their damages. Have they really been harmed? Is the GT's image really better off with Cena owning the car than whomever he sold it to? Who would choose a pro wrestler as an ambassador anyway? Oh, right ...

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33 comments:

Shlara said...

Kathy Carter is on Bill Simmons most recent podcast
She said a lot of great things, but this has to be my favorite:

"Anybody who thinks that I'm anybody's puppet is just nuts."

I basically said that to Rob in an email a few weeks ago.
She's the best person for this job. Hands down.

Danimal said...

Cool car. 634 hp? $460k? Ford? Any idea what he sold it for? Am guessing more than 1M.

Mark said...

I am done with being tattooed for the night. I watched Get Out and a good bit of Nocturnal Animals. Now I’m gonna need a little bourbon.

zman said...

I meant to post this tomorrow. I'm not good at calendars.

rob said...

you're still our guy, z.

just watched the letterman/obama interview. goddamn, but i miss obama.

Mark said...

Obama wasn’t perfect but fuck does he seem close to it with Trump as his successor.

rob said...

your tribe favored by 2.5 at home against preseason league co-favorites towson. w&m is two games clear of everyone else in the league through five games, and off to its best league start in history. i think this is the day we drop one. towson has been our nemesis over the past few years - they play a much more physical style than we do, and our lack of depth will be an issue in a battle like this one.

rob said...

shlara, american outlaws are hosting a ussf presidential forum with kathy carter on monday: http://voao.theamericanoutlaws.com/ao-election-center/

according to the wapo's steven goff this morning, consensus is that it's down to carter and eric wynalda, and goff reported that wynalda and kyle martino have struck a deal.

rob said...

pour some out for keith jackson, taking snaps behind the big uglies in the sky. the soundtrack of the fall saturdays of my youth.

zman said...

To Mark's point, the dignity of the office of the presidency is so far gone that I read an article stating that Trump cheated on his wife with a porn star and paid her to keep quiet and my reaction was "Meh. Trump gonna Trump."

TR said...

The Keith Jackson news is a bummer. I too remember him as my first favorite football announcer. A true gentleman.

Two Keith-related facts you don’t care to know about, but which I will tell you anyway:

1) When I have a bowel movement of above-average size, upon seeing it I often say “Whoa Nelly!” out loud. Moreso when I’m not in my office bathroom.

2) My favorite Keith moment was at the end of his run, when he did the Texas-USC title game. He had to read an ABC promo, and talked about a new ABC show starring “John Stah-mos,” butchering the name badly and formally letting America know how out of touch he was w/ pop culture. Whenever I see Stamos, all I can think of is Keith butchering his name.

Mark said...

We’ve had over a week of sick waves here but the water is cold as hell. And I don’t own a full suit. Nor do I love surfing enough to brave the winter water.

Mark said...

I still miss having Jackson do big CFB games. I’ve always been partial to CFB over the NFL and Jackson is my all time favorite CFB announcer.

TR said...

I thought you were tougher than that, Mark. I have buddies in NJ who surf yr-round.

NJ > FL

Mark said...

Most of the guys around here surf year round. Surfing is easily the most popular hobby here. I’m the exception in that I always preferred traditional sports to surfing/skating. Basically, I surf because I can walk to the beach from my house.

That said, I’m not tough at all when it comes to the cold. I want nothing to do with cold weather.

Mark said...

To put the sports vibe around here in perspective, I’ll add this: There are two high schools on the island I live on. Satellite and Cocoa Beach. They have a “rivalry trophy” for the annual football game. The trophy is a surfboard. Seriously, it’s a fucking surfboard with the score from each year’s game listed on it.

Whitney said...

I hate the cold as well, and people around here surf all the time. Non gracias.

Tribe down 11 in the 2nd half. Rob may have read this one right.

Whitney said...

That play off the Falcon defender's knee was one of the more embarrassingly bad plays I've seen.

Mark said...

That Falcon defender is Keanu Neal. He is a Gator. He is a fantastic safety. He is also the only black Keanu I know of.

It was an embarrassing misjudgment of the pass.

Whitney said...

Those 3 points loom large

Whitney said...

Tribe lost by 26. Oof.

Mark said...

Steve Sarkisian is an awful OC. The drop off from Kyle Shanahan to him is beyond gigantic.

Whitney said...

Can’t help but agree with Mark. Pathetic.

Danimal said...

Julio Jones should have caught that last ball in the end zone.

A Titans win would please me here.

TR said...

I bodyboarded a few times in high school in a full suit/gloves/boots. Was pretty miserable. Only solace was urinating in my wetsuit.

Dry January continues to suck. But waking up refreshed at 7 AM is fun.

rob said...

the warriors have 81 points at halftime against the raptors. nbd.

Mark said...

He definitely should have. Looked like mistimed his jump a bit but it still went through his hands.

Mark said...

Rest In Peace, Teddy P.

zman said...

Hey look, it's Mike Mularkey making goofy choices!

Mark said...

The Raptors came back and almost beat Golden State begins 42 front Demar Derozan who might now be the best two guard in the league.

Mark said...

*behind 42 from*

Mark said...

Has there ever been a better bet than New England tonight? Tennessee sucks. The Pats are pissed off. I very rarely take a double digit favorite but I barely had to think about this one.

Danimal said...

Sadly - I took TN...I felt they might hang.