Kearney v. Equilon Enterprises, LLC
United States District Court for the District of Oregon
65 F. Supp. 3d 1033 (2014)
Shell (defendant) posted signs at its gas stations advertising, "BUY 10 GALLONS OF FUEL, GET A VOUCHER FOR A FREE LIFT TICKET!" Under Shell's internal rules, a customer buying 10 gallons who requested the free ticket would actually receive a voucher for a buy-one-get-one-free lift ticket, not a straightforwardly free one. Kearney (plaintiff) alleged the sign was the only promotional material he saw and brought a class action claiming the sign constituted an offer that Shell breached by not delivering vouchers redeemable directly for a free ticket. Shell moved to dismiss, arguing the sign was not a valid offer.
Whether an advertisement can constitute an offer if its terms are clear, definite, and explicit, and the offeree reasonably might have concluded that acceptance would form a contract.