Reference no: EM133263050
McDavid's restaurant, famous for their purple arches, french fries, burgers, and Fun Meals,TM utilizes a variety of forms of media to advertise its menu, including TikTok ads. In a recent national campaign, consumers could earn McDavid's "Monopoly Money" for specific food or drink purchases from franchised stores that they could exchange for certain food or drink items, or various promotional items. Consumers could obtain McDavid's Monopoly Money in three ways: (1) with the purchase of a kids' Fun MealTM; (2) purchase of large-sized drinks that contained pull-off tabs with varying amounts of Monopoly Money; and (3) an unlimited amount of Monopoly Money could be purchased from McDavids by submitting an order for an online direct purchase of Monopoly Money ($0.05 for 1 Monopoly Dollar).
One TikTok advertisement featured their primary mascot, Donald McDavid, hanging a famous Jesus LaSalle original painting entitled "Heart of a Rainbow" in his house while stating, "you can purchase this item for 2,000,000 Monopoly Money dollars." Art collector Wendy Thomas saw the Donald McDavid ad on TikTok on October 1, 2020. She owns two other LaSalle paintings and was eager to obtain Heart of a Rainbow. After seeing the ad, Wendy purchased one large drink from McDavid's containing a pull-tab worth 25 Monopoly Money dollars. Over the next several weeks, Wendy purchased another 1,999,975 Monopoly Money Dollars online for $99,998.75. This brought her total Monopoly Money balance to 2 million Monopoly Money dollars-the amount Donald McDavid stated was necessary to obtain this original LaSalle painting.
The next day, Wendy presented the 2 Million Monopoly money dollars to her local McDavid's franchise in Toledo, Ohio to acquire "Heart of a Rainbow." Employees at the franchise refused to process Wendy's Monopoly Money and told her to contact corporate headquarters. The following day, Wendy presented her Monopoly Money at McDavid's Headquarters in Detroit, which also refused to accept the Monopoly Money in exchange for the original painting. After consulting with an attorney, Wendy has sued McDavid's, Inc., for breach of contract, claiming that the TikTok ad created an offer of a unilateral contract for "Heart of a Rainbow" that she accepted when you tendered 2 million McDavid's Monopoly Money dollars.
Does Wendy have an enforceable contract against McDavid's? Why or why not? Make sure that you review the requirements for an offer (including objective intent), when advertisements may be considered to be an offer, whether this ad constituted an offer for a unilateral contract, and if so, whether Wendy properly accepted it.