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Contracts Keyed to Epstein
Kearney v. Equilon Enterprises, LLC
Citation:65 F. Supp.3d 1033 (2014)
Plaintiffs stated that there was an advertisement allegedly displayed by defendant at Shell-brand service stations. The advertisement was part of defendant’s “Ski Free” promotion. Under this promotion, after individuals purchased ten gallons of fuel and requested a voucher for a free lift ticket, they received a voucher with their purchase receipt. Plaintiffs assert that defendant’s advertisement created a contract, the terms of which entitled plaintiffs to a free ski resort lift ticket in exchange for buying ten gallons of gas at a participating Shell station. Plaintiffs argue defendant breached the terms of the contract, and violated state unlawful trade practices, when defendant failed to provide a voucher that could be directly exchanged for a free lift ticket.
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