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Contracts Keyed to Blum
James v. McDonald’s Corp.
Facts
James purchased fries at McDonald’s that was a part of a game called Who Wants to be a Millionaire. The rules of the game were posted publicly and James claimed that she won a grand prize game card, which was denied by McDonald’s. After learning that McDonald’s employees stole the grand prize game cards, James sued McDonalds for fraud claiming that her prize-winning card was denied and the restaurant induced patrons into playing the game despite the low odds for winning. McDonald’s filed a motion to compel James to arbitrate her claims based upon the official rules for the game, and James claimed that she does not have to arbitrate because she did not agree to the official rules. The district court granted McDonald’s motion and James appealed.
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