Fizzy Soda had a promotion where Fizzy points found on their products could be exchanged for merchandise, such as branded sunglasses, hats or jackets. As part of the TV advertisement for the campaign, they purposed to offer a US military grade Harrier II jump jet (valued at $37,000,000) for 7,000,000 Fizzy points. The commercial displayed a college student exiting the jump jet at an airport, and said "purchase your parking spot now!".

This caught the attention of 21-year-old student, John, who found a loophole in the promotion where points could be purchased for 10 cents, in order to add to existing points consumers had accumulated. He convinced an investor to lend him $700,000 to obtain the jump jet from Fizzy and sent them a cheque in the mail for the full amount, plus some promotional points.

Once he sent the cheque, he then put down a non-refundable $10,000 deposit at the airport for a parking spot for the jump jet.

Fizzy failed to send John the jet and initially offered him a voucher for some free drinks; resulting in John launching an action for breach of contract and promissory estoppel for the parking spot.

Would John be successful in his breach of contract and promissory estoppel claims?