Tom owned a small jewelry store specializing in rare gemstones called Red Head Toms Infinity Stones. Tom contacted the local paper and published an advertisement that said FIRST COME, FIRST SERVED! 1 Infinity Stone Ring Worth $750, selling for $75. Luke saw the advertisement and was the first to arrive at the store the very next morning, asking to purchase the necklace. Tom refused, stating that the sale on the Infinity Stone Ring was available to red head people only. Luke wishes to bring an action against Tom for not selling him the ring. Will he win? Explain in an IRAC format.