Stampers Champagne, Inc. ( Stampers ) created a promotional campaian in which consumers earned ten points per
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Stampers Champagne, Inc.Stampers created a promotional campaian in which consumers earned ten points per labelfrom a bottle of Stampers Champagne that could be used to receive promotional items tshirts, hats, backpacks, etc, thatdisplayed the Stampers logo Stampers introduced the program with a commercial shown at halftime during the NCAADivision I National Football Championship Game. The commercial showed fans tailgating onboard a meter footAmels Limited Edition Superyacht, valued at $ milion on the international market, docked at Pelican Rest Marina inGalveston, Texas near NRG Stadium in Houston. Below the picture of the yacht, ran the caption, "Luxury Yacht, pointsRich Nouveau saw the commercial, located a Stampers brochure describing the promotion, and noticed that pointscould be purchased for ten cents a point. With funding provided by a group of investors, and following the termsprovided in the brochure, Nouveau sent to Stampers a check for $ made payable to Stampers, and claimed thevacht. Stampers did not cash the check and refused to deliver the yacht to Nouveau, who then sued Stampers claimingbreach of contract. ls Stampers liable to Nouveau for breach of contract?
No because a reasonable person would not have concluded from the commercial and brochure that Stampers intended toconvey the $ million yacht for $
Yes, because the commercial and brochure was an ofer, which Nouveau accepted by submitting the check for $which constituted the consideration required to form the contract.
Yes because, the commercial and the brochure of the promotional campaign contained no restrictive language saying that thecommercial and brochure was not an offer
No because the damages are uncertain.
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