Albertson's, Inc. v. Hansen

600 P.2d 982 (1979)

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Albertson’s, Inc. v. Hansen

Utah Supreme Court
600 P.2d 982 (1979)

  • Written by Brett Stavin, JD

Facts

The retail grocery chain Albertson’s (plaintiff) conducted a sales promotion through a contest known as Double Cash Bingo. Under the terms of the game, the player was provided with a bingo-type card and a disc containing concealed numbers. Once the numbers on the disc were revealed, if they could be placed in a winning pattern on the card, the player received a cash prize. The game materials were distributed at Albertson’s locations to anyone upon request and free of charge, no purchase necessary. The materials were even available by mail, although it appeared no player made such a request. During the term of the contest, Albertson’s sales increased substantially, with Albertson’s acknowledging that the increased sales were due to the contest’s popularity. Eventually, Albertson’s was threatened with criminal prosecution if it did not cease offering the contest. In response, Albertson’s filed an action against the attorney general of the state of Utah, Robert Hansen (defendant), for a declaratory judgment that the game was legal under Utah law. The attorney general argued that the inconvenience, time, effort, and opportunity cost required to travel to the store to pick up the game materials, along with Albertson’s increased sales and goodwill, constituted consideration.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

Dissent (Crockett, C.J.)

Dissent (Maughan, J.)

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