Question
PepsiCo launched a rewards program where customers earned points for each Pepsi product purchased. Points could be redeemed for merchandise from the Pepsi catalogue, and
PepsiCo launched a rewards program where customers earned points for each Pepsi product purchased. Points could be redeemed for merchandise from the Pepsi catalogue, and extra points could be purchased for 10 cents a point. Unfortunately, a TV commercial promoting the points program showed a teenager arriving to school in an AV-8 Harrier Jump Jet with a caption "Harrier Jet 7,000,000 Pepsi Points." Leonard collected some points and sent Pepsi a cheque to purchase the remaining points to bring him to the necessary 7 000 000. PepsiCo successfully defended Leonard's breach of contract action to obtain the jet. The court held that, even if the commercial was an offer, intention was lacking. No reasonable person could believe that PepsiCo seriously intended to convey a jet worth approximately $23 000 000 for redemption of Pepsi points. (1)
(1) Leonard v. PepsiCo, Inc. , 88 F. Supp. 2d 116 (S.D.N.Y. 1999), aff'd 210 F. 3d 88 (2d Cir. 2000); Ann C. Morales,
"Pepsi's Harrier Jet Commercial Was Not a Binding Offer to Contract" (2000) 28(2) Academy of Mark. Science J. 318-20.
Question: Please provide an opinion on this situation and explain using legal concepts only.
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