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Legally, since there was nothing on any of the literature saying that it was not real, the assumption is that it is real. That is why these companies have staffs of lawyers to go over everything in order to make sure there are no loo holes or back doors that cn bite them in the ass.
Had the add been run as originally planned, there would not have been an issue. The original ad had 700,000,000 pt for the Harrier jet. That would have been $70m for the jet that only costs $32m. Not worth it. The ad folks wanted it to look easier to the eye so they kicked a "0" off, made it 70,000,000 pts or $7m. Unlikely someone was going to pony up $7m but still a good return to get a $32m jet. Ad folks still did not like it so they dropped another "0".
Since they put no disclaimers the offer is legitimate. Since they allowed, by the fine print) for people to buy points at $.10 a point, the consumer did so and filed his claim to get his prize.
I suspect they knew that Pepsi screwed up, just like they did in the offer in Asia years earlier. That is on Pepsi. I guess they assumed Pepsi would make a legitimate offer instead of offering 2 cases of Pepsi on the first offer and then $1m on the second offer.
The judge made a BS ruling and let Pepsi off the hook even though its clear as day that they screwed up and made a legitimate offer.
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Sent from an agnostic abacus
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- With out god, life is everything.
- God is an ever receding pocket of scientific ignorance that's getting smaller and smaller as time moves on..." Neil DeGrasse Tyson
- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.
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