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Kearney v. Equilon Enterprises, LLC

United States District Court for the District of Oregon
65 F. Supp. 3d 1033 (2014)


Facts

Shell (defendant) posted signs at its gas stations that stated, “BUY 10 GALLONS OF FUEL, GET A VOUCHER FOR A FREE LIFT TICKET!” Under Shell’s rules for the promotion, if a customer bought 10 gallons of gas and requested the free lift ticket, Shell would give the customer a voucher for a buy one, get one free lift ticket. Kearney (plaintiff) brought a class action suit, alleging that the advertisement constituted an offer and that Shell’s failure to give out vouchers that could be exchanged directly for a free lift ticket constituted a breach of contract. Kearney alleged that the sign was the only advertisement with respect to the promotion that he saw. Shell filed a motion to dismiss for failure to state a claim, arguing that the sign did not constitute an offer.

Rule of Law

Issue

Holding and Reasoning (Hernandez, J.)

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