Question
In 1996, in order to sell more product, Pepsi launched a marketing campaign called Pepsi Points. Customers collected Pepsi Points by buying Pepsi products, and
In 1996, in order to sell more product, Pepsi launched a marketing campaign called Pepsi Points. Customers collected Pepsi Points by buying Pepsi products, and the Pepsi Points could be redeemed for prizes from a Pepsi Stuff catalog. A leather jacket, for example, could be redeemed for 1,450 Pepsi Points, while sunglasses cost 175 Pepsi Points. To promote Pepsi Points, the company ran the commercial below.
https://www.youtube.com/watch?v=ZdackF2H7Qc
The terms of the promotion stated that a minimum of 15 Pepsi Points were required to make a redemption. If a customer didn't have enough Pepsi Points, they could make up the difference by buying additional Pepsi Points for 10 cents each. After seeing the commercial and the Harrier Jet advertised for 7 million points, teenager John Leonard decided he wanted the Harrier Jet (if it was for sale to the public it would cost $23 million). When it became clear to him that he could not buy enough Pepsi products to obtain 7 million Pepsi Points, he raised $700,000 from acquaintances and submitted an order form, 15 original Pepsi Points, and a check for $700,008.50. At the bottom of the order form, he wrote in "1 Harrier Jet" and "7,000,000" in the points column. In a letter accompanying his order form, he explained the check was to purchase additional Pepsi Points expressly for purchasing a new Harrier jet as advertised in the commercial.
When Pepsi returned the check and refused to deliver the Harrier jet, Leonard filed suit claiming Pepsi's commercial was an offer that he accepted.
The assignment is to represent Pepsi and explain why there was not a valid contract. Be sure to explain the required elements of a contract and how the case does or does not meet them.
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