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Leonard v. Pepsico, Inc., 88 F. Supp. 2d 116 (S.D.N.Y. 1999), later affirmed by the Second Circuit in 210 F.3d 88 (2000) and commonly referred to as the Pepsi Points case, is a notable American contract law decision focused on offer and acceptance. The litigation, initially filed in Florida and subsequently heard in New York, was presided over by Judge Kimba Wood. In 1996, PepsiCo launched a promotional loyalty program in which customers earned Pepsi Points by purchasing Pepsi products, with these points exchangeable for physical items. One television commercial for the program depicted a character traveling to school in a McDonnell Douglas AV-8B Harrier II jet valued at approximately $37.4 million, available for 7,000,000 Pepsi Points. John Leonard, the plaintiff, observed that Pepsi also allowed customers to directly purchase points at 10¢ each. Capitalizing on this detail, Leonard submitted a check for $700,008.50 (including shipping and handling) along with 15 promotional labels, ...
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