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Leonard v. Pepsico

United States District Court, Southern District of New York

88 F.Supp. 2d 116 (1999)

Relevant factsFree

Pepsico's (defendant) promotional commercial depicted a Harrier Jet as redeemable for seven million Pepsi points, though the jet appeared in no printed catalog or order form, which did allow purchasing additional points at ten cents each with a minimum 15-point order. Leonard (plaintiff), aware the jet actually cost roughly $23 million, raised $700,000 to buy enough points, submitted an order with 15 points and the money along with an explanatory letter referencing the commercial, and sued for declaratory judgment after Pepsico rejected the submission and refused to provide the jet.

IssueFree

Whether accepting the terms of an advertisement that is not clear and was intended as a joke can create an enforceable contract.

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