Question: Courts generally do not recognize ads as valid offers. Consider the following case information: Pepsico ran a contest for Pepsi Stuff featuring different prizes that
Courts generally do not recognize ads as valid offers. Consider the following case information:
Pepsico ran a contest for "Pepsi Stuff" featuring different prizes that could be brought with Pepsi "points" obtained by buying Pepsi Cola. One ad featured a teenager gloating over items he had obtained with his points and ended with his arriving at high school in a Harrier fighter jet obtained with 7 million points. Leonard, who described himself as "typical of the Pepsi Generation," sought to acquire the jet even though it was not listed in the Pepsi Stuff catalog. He got points plus $700,000 from acquaintances to buy enough points for the jet, filled out the order form, wrote at the bottom, "1 Harrier jet" and enclosed the points and check. He was later informed the jet was unavailable and that its use in the ad was "fanciful and was simply included to create a humorous and entertaining ad." Was the ad an offer that Leonard could accept? Explain why or why not. Pepsi again ran a promotion for "Pepsi Stuff" within the last couple of years. How does the current ad campaign affect your answer?
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