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Tuesday, November 22, 2011 , Updated 9:26 p.m., November 29, 2011

UPDATEDx2: Tomato Battle in Dallas was a bit of a scam


Charity event not so charitable.

Step 3: Roll around in tomato goo.

tomatobattle.com

Step 3: Roll around in tomato goo.

— In the annals of scams, the Tomato Battle is relatively innocuous. Con a bunch of 20-somethings into handing over $40 for the opportunity to throw tomatoes at each other in a parking lot, and pretend you're doing it for charity. No one's exactly suffering, and if the charity recipients don't get their money, so be it.

But it's still worth noting that the Tomato Battle says one thing and does another, while raking in thousands of dollars. The one in Dallas on November 12 netted an estimated $40,000, with a turnout of approximately 1,500 (and a smaller group returning the next day for a follow-up Mud Battle).

The Tomato Battle backstory is murky. There's a well-designed website and the obligatory presence on Facebook, but no office or contact number. There've been at least five tomato battles in the U.S. in 2011. Marketed mostly on Facebook, it's positioned as a carefree, craaaazy event: "drinking beer, enjoying live bands, and throwing tomatoes at strangers." According to Dee Ann Bell, a staffer at Fair Park where the Dallas event took place, the organizers paid their rental fee and did a good job of cleaning the parking lot of tomatoes and mud.

What the organizers did not do was fulfill their advertised claim to donate proceeds to the North Texas Food Bank and "another charity to be named." There was no other charity ever named, and the North Texas Food Bank knew nothing about the event.

"We didn't receive any money from them," said spokeswoman Kim Smith. "We wouldn't have even known about it if you hadn't brought it to my attention. But we probably wouldn't have given them our sanction, since we don't condone any waste of food."

The North Texas Food Bank isn't the only food bank that's had shady dealings with the Tomato Battle. A food bank in Seattle had to chase them down to get a fraction of the donation promised, and another food bank in Southern California has yet to see its check come in.

The Seattle battle (zing!) took place on September 24. Tomato Battle organizers contacted Rick Jump, executive director of the White Center Food Bank, to whom they pledged "at least $4,000 to $5,000." In exchange, Jump was asked to supply volunteers.

"We're a small food bank, but we recruited a few volunteers to help them," Jump said. "After it was over, I called to find out how things went. The person who answered the phone said quickly, 'I'm not with Tomato Battle anymore.' So I contacted somebody off their website and was promised a check. After persistently pursuing them, I did get a check for $2,000. To be honest, I am hoping the check doesn't bounce. I would never work with them again."

The Los Angeles event took place on October 22. As in Dallas, it took place on the abandoned county fairgrounds, with Los Angeles Regional Food Bank as the designated charity.

"We haven't received the funds yet," said Food Bank director Michael Flood. "We had them sign an agreement with us and the timeframe was 30 days, which officially gives them until Tuesday."

The irony of designating food banks as their charity is that the event on some level squanders food. On their website, the tomatoes are described as overly ripe and thus inedible; however, some attendees at the Dallas event complained that some tomatoes were not ripe.

"They told us they'd be using tomatoes that were inedible," said Flood, of the L.A. food bank. "Obviously that would be bad news if they were wasting tomatoes."

In Dallas, the tomatoes came from Del Monte. Del Monte refrained from providing figures, but the June 25th Tomato Battle in Copper Mountain, Colo., used two semi-trailers' worth. A semi holds 1,600 boxes of tomatoes, 25 pounds each. One box of #2 tomatoes, whose appearance is flawed, costs about $5. Estimated cost of tomatoes: around $15,000.

According to Tom Gooch, event supervisor at Fair Park, the Tomato Battle and follow-up Mud Battle drew 1,500 people over the course of two days. They paid $30 to $50 each, for a total of about $60,000. Subtract $15K for tomatoes and another $5,000 on property rental and expenses, and you net $40,000.

The Tomato Battle was co-founded by Max Kraner and Clint Nelsen, a pair of entrepreneurial types with ties to Portland and Seattle who paint themselves as action hero types, into snowboarding, mountain biking, and travel. Both were in Dallas for the event -- Nelsen described the Texas event on Twitter as "epiccc . . . craziest battle by far" -- but neither returned phone calls or emails.

UPDATE: After this story was published and after it was picked up by the Seattle Weekly, Kraner and Nelsen began sending emails and tweets in response to some of the statements in the story.

They dispute the estimated costs and profit, but would not provide actual numbers. "I won't get into exact figures but I will say the event was not profitable," Nelsen said in an email.

Kraner claims he sent the North Texas Food Bank a check for $800 (a different amount from the $750 amount he quoted to the Seattle Weekly), but as of Tuesday, November 29, no check has arrived, according to two NTX Food Bank staffers. And a spokeswoman from the Los Angeles Regional Food Bank says that they have also not yet received the check for $500 that Kraner claimed he sent last week (a check that Nelsen told LA Food Bank staffers he'd mailed the week before).

Nelsen said, "I am working to make sure that all of the checks we've promised to food banks have been made good on. It's been really disappointing to see their responses to the contributions."

UPDATEx2: The North Texas Food Bank reports on Tuesday night that it received a check for $800.



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OEsophagus, anonymous:

Absolutely stupid to waste this massive amount of food. Who looks into fraud, the Atty. General?

1 year, 6 months ago
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Kirby, anonymous:

Keeping my fingers crossed for next year's cantaloupe battle, in which this year's "sponsors" will be the targets.

1 year, 6 months ago
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Alex Bentley, staff:

Coconuts would be good too, Kirby.

1 year, 6 months ago
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velaaustin, anonymous:

Good investigation.

However, in your cost estimates, any idea what the cost is for the insurance policy, police and EMS staff?

1 year, 6 months ago
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Teresa Gubbins, staff:

velaaustin, i factored that into the "$5,000 rental and expenses". the cost to rent the parking lot is somewhere around $2K, and i threw in another $3K for things like insurance, security, and miscellaneous

1 year, 6 months ago
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lakewoodhobo, anonymous:

Thanks for following up on this.

1 year, 6 months ago
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Teresa Gubbins, staff:

lakewoodhobo, appreciate your encouragement

1 year, 6 months ago
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Jason Rice, verified:

"The Gubb" is on the case.
I know that I will sleep better knowing this.

... but really, good work.

1 year, 6 months ago
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John Turner-McClelland, verified:

People who paid $40 to throw food at someone, in the hopes to feed starving people, deserves to be scammed.

1 year, 6 months ago
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msbq0414, anonymous:

I thought there were only around 300 attendees for Tomato Battle according to Alexandra? I checked the mud fight they had the next day, it didn't seem like there were as much. What do you think? How did it balloon to 1500?

No offense. As interesting this news is, but its best that you and writers here at Pegasus give the same figures.

Thanks for this too.

1 year, 6 months ago
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Teresa Gubbins, staff:

msbq0414, thanks for your comment. Alexandra's figure was a guess, and i'll update her story to reflect the correct attendance

1 year, 6 months ago
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15kman8998, anonymous:

What a farce!! These guys deserve a beheading....

1 year, 6 months ago
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max7183, anonymous:

Tomato Battle had been in contact with the North Texas Food Bank weeks prior to the event. They were grateful for our donation, it is unfortunate that they are saying these things due to miscommunication within their organization. Every food band that we have partnered with has been paid. Tomato Battle is not a waste of food at all. These tomatoes are past ripe, rotten, and rejects. The tomato waste is also composted in some cases. We have donated $4,100 to charity this year to various food banks from Tomato Battle. We are taking food that is not edible and making donations to fight hunger. It's very disappointing for people to lie and say we are a scam or wasting food. Teresa’s emails and phone calls were all answered within 48 hours. Teresa's numbers for our costs are way off. We are still fighting to break even as we are a start-up. We did not net $40,000. So many more costs are associated with organizing an event. But it is still important to us to give back to the community. As for the last comment, of all the bad things in this world, we deserve a beheading? Because we organize events that are fun and we donate to charity? That makes no sense at all. Please get your facts correct and do some research before spreading lies and rumors.

1 year, 5 months ago
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Scott, anonymous:

So, Max, how much did you give to the North Texas Food Bank and on what date did you give it? What's the name and position of the person with the North Texas Food Bank who you believe consented to "partner" with you on this event? What was the other charity your organization was going to give to, how much was given to them, and on what date? Where exactly did you "compost" a semi-truckload of tomatoes after the Dallas event? On what date was the Los Angeles Regional Food Bank paid?

1 year, 5 months ago
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Teresa Gubbins, staff:

max7183 and scott, thanks for your comments. we'll add updates to the story next week as they come in

1 year, 5 months ago
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twinwillow, anonymous:

Methinks, Max is a scamming liar who is also, to use his own words, over ripe, rotten and a society reject!

1 year, 5 months ago
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James Scott, verified:

Wow! A whole $800! So on average, a whopping 5% of everyone's entry fee went to the food bank.

1 year, 5 months ago
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James Scott, verified:

wait, bad math. It's actually 1%. Even better!

1 year, 5 months ago
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Teresa Gubbins, staff:

James Scott, that's assuming the check ever arrives

here's another piece of information: i was told by someone involved with the Seattle event that the tomatoes at that battle were donated. they didn't have to pay for them at all

1 year, 5 months ago
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Nancy Nichols, verified:

I still find the oddest thing about this event is the wasting of food and giving money to the Food Bank. Why not just send the freaking tomatoes to the food bank and throw a party.BYOBatakaBats.

1 year, 5 months ago
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Scott Doyle, verified:

Nancy, they claim the tomatoes are rotten/rejects. To which I say...why would anybody do this knowing that up front? Sounds like shenanigans.

Also, "Seattle battle (zing!)" - well done. =)

1 year, 5 months ago
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Jason Rice, verified:

And ScoDo must be acknowledged as our resident subject matter expert at shenanigans... a "Hooligan Emeritus," if you will.

1 year, 5 months ago
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Jason Rice, verified:

The challenge now being to execute a journalistic victory dance in a manner that seems contrite.

1 year, 5 months ago
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dangarxv, anonymous:

In trying to piece together Teresa Gubbins' diligent chase of the facts of the story with the online details available from the Tomato Battle operation itself, I can assume a general timeline of events, which would balance both accounts. Initially, the Tomato Battle decides to add philanthropy to its intended goal of making a profit (which is generally a good business practice) but overextends itself on its initial event. In future events, the overreaching exuberance is tempered, so media is not given quotes that $4K-$5K would be used to benefit local food banks, but instead, a general announcement is made that some local food bank would receive a benefit. No partnership is created, but instead a local beneficiary is selected at random. The initial event's promises of a large donation then haunt the operation when this quote is found later as they continue to host events. Procurement of produce does not seem to be a strong point for two individuals with a background in investment/technology start-ups, so I assume the truckloads of tomatoes were arranged ad hoc at each site by a local contact. Bands, booze, facilities, and a general atmosphere of fun were provided, which appears to be all that the Tomato Battle was advertising. I looked through the website for the operation, and the Facebook posts, and in the Pegasus News report, but did not see a link to any promotion that used charity or food banks as a selling point for the event. If I overlooked something, please link to it for my edification. While I appreciate Ms. Gubbins efforts to "out" a scam, I believe the issue may merely be that an overzealous operation wanted to do some good, but did not have the infrastructure or acumen to accomplish this, as opposed to the idea that a group of grifters rolled though Dallas and had saps create the Emperor's new clothes in tomato paste. Of course, that's just my opinion, so I may be overlooking something, and this does not justify the lack of communication the Tomato folks had with their supposed beneficiaries. Or with Ms. Gubbins. Just more food for thought, I guess

1 year, 5 months ago
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Jason Rice, verified:

dangarxv - Wow - hope we see more of you around here.

Thoughtful posts like that, circumspect and evolved, allow troublemakers like myself to concentrate on trivial things like sniping at public figures ... and especially Clay.

1 year, 5 months ago
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Clay213, anonymous:

Sniping at public figures? I don't think that language is allowed post Giffords.

1 year, 5 months ago
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Jason Rice, verified:

Well "snarking" is still kinda non-violent, still.

Resolve hence to snark.

1 year, 5 months ago
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liejian, anonymous:

I dont know much about the situation but neither does anyone else. I think that a lot of the comments aimed at the founders of tomatoe fight are from ppl who just want to throw their blind 2 cents in. Owning a few companies myself, I can say that expenses usually balloon higher than what most outsiders think so to assume 40k profit is a big ignorant. Manpower, incidentals, cleanup, all these things have to be accounted for. For every 10 costs you think of, there are a handful you forgot.

2 weeks, 6 days ago
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