1 Jimmy is an eighteen year old university student. He is well-known around campus for his intelligence, but more particularly because he is very thin. Everyone always wonders if there is something wrong with Jimmy. But for many years, Jimmy has tried to put on weight without any success. One day, after a certain young lady commented on how skinny he was, Jimmy returned home early from university and turned on the television. At that time, there was an infomercial running for a new meal replacement product called "Massive Freak". This infomercial made several statements to the effect that Massive Freak Co guaranteed any person who drank Massive Freak (in accordance with the directions on the packaging) three times a day in substitution of meals for 14 days would gain 20% of their body weight. The ad stated that the company would pay $5,000 to any person who took the Massive Freak Challenge and failed to gain 20% of their body weight after 14 days. Jimmy decided this would be a perfect solution to his problem, and set out to take up the challenge. He telephoned the number on the screen and ordered Massive Freak for the introductory offer of $299 for 14 days' supply (plus postage and handling). The 14 day supply of Massive Freak arrived at Jimmy's house on 1 June, 2014. He consumed Massive Freak Drink in accordance with the directions from 2 June-15 June, 2014. Due to a change in marketing strategy, Massive Freak Drink Co decided to scrap the Challenge and this particular advertisement was withdrawn from television on 10 June, 2014. From 11 June 2014, Massive Freak Drink Co reverted to showing its previous infomercial. For a week, the infomercial also featured a voiceover stating 'The Massive Freak Drink Co Challenge is now over, but your new massive life can begin today!' As Jimmy was putting on weight and consuming enormous amounts of calories, he was full of energy he was rarely at home during the two week Challenge period. As a consequence, Jimmy did not see the new infomercials with the voice-over stating that the Challenge had ended. At the start of the Challenge, Jimmy's weight was 40kg. At the end of the 14 days, Jimmy weighed 44kg. More depressed than ever, he remembered the promise made by Massive Freak Drink Co to pay $5000 to anyone who did not gain 20% of their body weight. Jimmy planned to put the money toward personal training sessions. Jimmy telephoned Massive Freak Drink Co on 16 June 2013, only to be told by a representative of the Co that the ad campaign had been scrapped and, in any event, the offer of money was not serious and merely part of a sales drive. Jimmy wants to sue Massive Freak for breach of contract. He is demanding payment of the $5000. Massive Freak Co denies it entered into a contract with Jimmy. It says the Challenge was a mere sales puff and was not intended to be taken seriously. It says such advertising techniques are common. Massive Freak Co says that, even if the court finds that the Challenge did constitute an offer that was capable of acceptance, the offer was revoked before Jimmy performed his end of the bargain, and this means the Massive Freak Co is under no obligation to pay the money to him. Jimmy seeks your advice. He wants to know whether he has a valid and legally binding contract with Massive Freak and therefore whether he can sue them for a breach of contract.