1. As part of a promotion to get people thinking about the opening of the Hilton Hotel complex, on November 1st 2011, Ann Ames Put out an advertisement in the local San Antonio newspaper which stated, "any individual who books a room by December 1st 2011 to stay in the new Hilton Hotel at least one night during its opening month in May 2012, add a non-refundable special promotional price of $100 per night, will be entered into a lottery. On this December 2nd, 2011 five individuals in that lottery will be selected for an all-expense paid 5 day trip to a luxury Hilton Hotel in Hawaii, valued at $7000"

Thomas Terry, who recently got out of jail for possession of cocaine, read the ad, and booked a room for May 1st, 2012. He was lucky enough to be one of the five people selected for the all-expense paid trip. When he came by on December 3rd, 2011, to fill out the paperwork, he told Ann about his recent jail time, and how much he was looking forward to the trip. Ann Ames said to him, "I could give you the $7000 trip now, even though I don't think the advertisement is a valid offer, but if you refrain from using any illegal drugs for the next year, I will give you the $50,000 instead. That should give you a real incentive to stay up drugs. If you use illegal drugs, you forfeit any right to the $7000" because $50,000 sounded so good to him, Terry said, "OK, I will accept"

two months later, Terry was arrested for marijuana use and pled guilty. When he gets out of prison in six months, he wants to get the $7000 trip from hilton, arguing that the first agreement was a valid definite contract, backed by valid consideration, but the second agreement is not, and therefore unenforceable. Council terry on the strengths and weaknesses of his claim.