Leonard saw a Pepsi Stuff commercial encouraging consumers to collect Pepsi Points from specially marked packages of
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The catalog notes that in the event that a consumer lacks enough Pepsi Points to obtain a desired item, additional Pepsi Points may be purchased for 10 cents each; however, at least 15 original Pepsi Points must accompany each order. Leonard initially set out to collect 7,000,000 Pepsi Points by consuming Pepsi products, but then switched to buying Pepsi Points. Leonard ultimately raised about $700,000. In March 1996, Leonard submitted an Order Form, fifteen original Pepsi Points, and a check for $700,008.50. At the bottom of the Order Form, Leonard wrote in "1 Harrier Jet" in the "Item" column and "7,000,000" in the "Total Points" column. In a letter accompanying his submission, he stated that the check was to purchase additional Pepsi Points for obtaining a new Harrier jet as advertised in the Pepsi Stuff commercial. Several months later, Pepsico's fulfillment house rejected Leonard's submission and returned the check, explaining that the item he requested was not part of the Pepsi Stuff collection, and only catalog merchandise could be redeemed under this program. It also stated, "The Harrier jet in the Pepsi commercial is fanciful and is simply included to create a humorous and entertaining ad." Leonard sued Pepsico for breach of contract. Will he win?
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Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-0071317658
15th edition
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt
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