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Contracts Keyed to Blum
Leonard v. Pepsico, Inc.
Citation:
88 F. Supp. 2d 116 (S.D.N.Y. 1999), aff'd, 210 F.3d 88 (2d Cir. 2000)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Pepsi ran a commercial for their Pepsi Points program. Through this program, customers could redeem Pepsi Points for Pepsi products, like a t-shirt or sunglasses. Pepsi produced a commercial promoting this program and the end of the commercial included a high school student flying into school with a Harrier jet, which the commercial claimed could be redeemed for 7 million Pepsi Points. Pepsi Points could be bought for 10 cents if at least 15 original Pepsi Points were also included in the order. Defendant attempted to get this jet by submitting an Order Form, 15 original Pepsi Points and a check for $700,008.50, which equalled 7 million Pepsi Points. Pepsi refused to send Defendant a jet claiming that the jet was included in the commercial as a joke. Defendant then brought this action, suing for specific performance.
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