John D.R. Leonard v. PepsiCo, INC.
1. (a)What are the facts and (b) sources of law in this case? a.
Defendant PepsiCo conducted a promotional campaign in Seattle, Washington from October 1995 to March 1996. The promotion, titled "Pepsi Stuff," attempted to persuade consumers into collecting numerous "Pepsi Points" in order to redeem them for merchandise featuring the Pepsi logo. During this campaign, PepsiCo launched a promotional commercial intended for the Pepsi Generation,' in order to gain the largest possible response to help push their campaign. One such commercial shows a well dressed teenager preparing for school simultaneously advertising a t-shirt, leather jacket and sunglasses for various reasonable point values. As the scene shifts to the outside of a high school, the teenager from the beginning scene opens the cockpit of a Harrier Jet just as the words "HARRIER FIGHTER 7,000,000 PEPSI POINTS" appear on the screen. The plaintiff John Leonard viewed this commercial and then later attempted to purchase the Harrier Jet with the advertised "Pepsi Points" from PepsiCo but was denied. Leonard later sued Pepsi on the grounds that the "Pepsi Stuff" commercial constituted an offer for a Harrier Jet. Whether or not the commercial made this proposal is the main question asked in this case. Since the plaintiff is young, adventurous and of the Pepsi Generation,' the supposed offer appealed to him tremendously. Leonard claimed that he was so inspired by this commercial that he set out to obtain a Harrier Jet from the defendant PepsiCo by obtaining the advertised amount of "Pepsi Points". On March 27, 1996, the plaintiff submitted an Order Form with $700,008.50 and the required 15 original Pepsi Points along with a letter to "obtain a new Harrier Jet as advertised in your Pepsi Stuff commercial"(Leonard v PepsiCo, 3). The order form submitted by the plaintiff stated that only catalogue merchandise can be redeemed through the program. Letters were exchanged...
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