Reference no: EM131473754

Question: In March 1998, McDonald's Corp. began the "1998 McDonald's Monopoly Game" to promote sales of its food items. Customers could win by collecting the entire series of official "Collect to Win" stamps or by obtaining an "Instant Win" stamp. The official rules of the promotion game were posted at all participating McDonald's locations. The official rules stated in part: All game materials are subject to verification at a participating McDonald's or the Redemption Center, whichever is applicable. Game materials are null and void and will be rejected if not obtained through authorized, legitimate channels, or if they are mutilated or tampered with in any way (except for the signed initials of the potential winner), or if they contain printing, typographical, mechanical, or other errors. All decisions of McDonald's and the Redemption Center are final, binding and conclusive in all matters. The official rules also stated: "You are not a winner of any prize until your official game stamp(s) has been verified at the Redemption Center or a participating McDonald's, whichever is applicable." On April 2, Vernicesa Barnes ordered hash browns at a McDonald's restaurant. The container had a game piece attached that stated: "$200,000 Dream Home Cash-Stamp 818-Need Stamps 818, 819, & 820 to Win-Instant Winner!" Interpreting this to mean that she had an "Instant Win" Stamp, Barnes filled out the forms to begin the redemption process and mailed the stamp and signed forms to McDonald's Redemption Center. On May 1, Barnes received a letter from the Redemption Center notifying her that the game stamp was a miscut "Collect to Win" stamp and would not be honored. Barnes filed suit, alleging breach of contract. How should the court rule on her claim?