AG seeks injunction against Margarita Madness Runs that won't get out the gate

Celebrants at a recent 5K Margarita Run/Walk (Courtesy photo/Margaritamadness5krun.com

CONCORD - The Attorney General's Office announced on Thursday that the State of New Hampshire has filed a civil action, seeking an injunction to prevent the Worldwide Push Foundation, Inc. ("WWPF"), a California corporation, from promoting or conducting road races in New Hampshire and to compel WWPF to refund race registration fees. WWPF purports to be a charitable, nonprofit organization, but it is not registered with the New Hampshire Attorney General, Director of Charitable Trusts in spite of a "cease and desist" letter issued by the Director in December 2019.

In 2019, WWPF promoted on social media a road race titled "Margarita Madness 5K" which was scheduled to take place in Loudon on Oct. 12. The website and social media posts promised that the race was "Where you get to celebrate with Margaritas" and indicated that the race would benefit the "Worldwide Push (Push Until Success Happens) Scholarship Foundation."

WWPF collected thousands of dollars in registration fees but failed to obtain the necessary permits and licenses. In the weeks prior to the race date, WWPF notified the registrants that the race was "postponed" and failed or refused to refund registration fees. In late 2019, WWPF began advertising on social media and its own website "Margarita Madness 5K" races to take place at "Rollings [sic] Park" in Concord on July 11 and at "Surrette Battery [sic] Park" in Northfield on Oct. 24.

The race on July 11 did not take place, and WWPF has failed to obtain the necessary permits and licenses for the October race. To date, WWPF has collected a total of over $30,000 in registration fees. The State has alleged that WWPF has committed nine violations of New Hampshire charitable trust laws and the Consumer Protection Act. Each violation carries a civil penalty of up to $10,000.

The State is also seeking injunctions to stop WWPF from advertising, promoting, and conducting road races in New Hampshire, to require WWPF to refund entry fees to all race participants, and to reimburse the State for the costs of investigating and litigating this case.

This matter came to the attention of the Attorney General's office as a result of complaints made by individuals who registered for the race. Consumers who have registered for the Margarita Madness 5K Run/Walk in New Hampshire and have not received a refund can file a complaint with the Consumer Protection Bureau online at https://www.doj.nh.gov/consumer/complaints/index.htm.

This case is being jointly prosecuted by the Charitable Trusts Unit and the Consumer Protection and Antitrust Bureau. The State is represented by Assistant Director of Charitable Trusts, Diane Murphy Quinlan, and Assistant Attorney General John W. Garrigan of the Consumer Protection and Antitrust Bureau.