Well looking around the reports seem to be varied on this some saying he got it, some not. This is the original court documents filed on the guys behalf. Guess it was 7,000,000 points, and he actually bought the remaining points. This document came from the court tv website.
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 96-15647
JOHN D.R. LEONARD, Plaintiff
vs.
PEPSICO, INC., Defendant
COMPLAINT
Plaintiff, JOHN D.R. LEONARD, sues Defendant,
PEPSICO, INC. and alleges as follows:
JURISDICTION AND VENUE
1. This is an action for damages in excess of $15,000.00
exclusive of interest, costs and attorney's fees.
2. Plaintiff, JOHN D.R. LEONARD ("LEONARD"), is a
resident of Seattle, Washington, and is otherwise sui juris.
3. Defendant, PEPSICO, INC. ("PEPSI"), is a North
Carolina corporation with its principal place of business in
Purchase, New York at Anderson Hill Road, Purchase,
New York, 10577, and is doing business in the state of
Florida.
FACTUAL ALLEGATIONS
4. PEPSI is a corporation primarily engaged in the business
of producing and distributing soft drinks world wide. To
promote the sale of its products here in the United States,
PEPSI launched a national advertising campaign utilizing
various forms of media, the most significant of which is the
use of television commercials.
5. Specifically, this national advertising campaign, coined,
"Pepsi Stuff," consists of offering various merchandise, for
sale, to the general public in exchange for Pepsi Points.
Pepsi Points are actually a promotional item, much like
phoney money, which entitle a participant to receive prizes
based upon the amount of points assigned to a particular
prize. Each prize offered in the Pepsi Stuff campaign can be
obtained by a participant simply by tendering his/her Pepsi
Points to PEPSI.
6. Pepsi Points can be acquired in two ways. One method is
to purchase specifically marked packages of PEPSI
products from vendors throughout the country who sell
PEPSI products. The second method is to purchase points
directly from PEPSI, via an order form, for 10 cents per
point. There is no limit to the amount of points one is
allowed to purchase.
7. The most notable of the Pepsi Stuff television
commercials feature a new Harrier Jet, among as
assortment of other prizes, which are offered to the general
public. As part of the television commercial, PEPSI
conspicuously displayed the amount of Pepsi Points needed
to obtain a particular prize. PEPSI offered the new Harrier
Jet in the television commercial for seven (7) million Pepsi
Points.
8. LEONARD first noticed the Pepsi Stuff television
commercials offering the new Harrier Jet in Seattle,
Washington, which commercial was also broadcast in the
state of Florida. This television commercial actually depicts
an individual flying to school in his new Harrier Jet and
then offers the jet as one of the Pepsi Stuff prizes.
9. LEONARD, in accordance with the rules and regulations
of the Pepsi Stuff promotional campaign, accepted PEPSI's
offer of the new Harrier Jet, by obtaining 15 original Pepsi
Points and then purchasing the remaining Pepsi Points at
$.10 a point for 6,999,985 points, for the total sum of
$699,998.50.
10. On March 28, 1996, LEONARD duly tendered the
seven (7) million Pepsi Points to PEPSI in exchange for the
new Harrier Jet by delivering to PEPSI (1) an original Pepsi
Stuff order form, (2) 15 original Pepsi Points, and (3) a
check in the amount of $700,008.50 (for the remaining
6,999,985 points, plus shipping and handling), all in
accordance with the rules and regulations of the Pepsi Stuff
promotion. A true and correct copy of those items are
attached hereto as Composite Exhibit "A."
11. Surprisingly, on May 7, 1996, PEPSI, by and through
its employees and/or agents, Young America Corporation,
failed and refused to process the items contained in
Composite Exhibit "A" tendered by LEONARD, and more
importantly failed and refused to provide the new Harrier
Jet to LEONARD.
12. On May 14, 1996, LEONARD resubmitted the original
15 Pepsi Points, the original order form and check for
$700,008.50 (Composite Exhibit "A"), to PEPSI's Agent,
Young America, which was refused a second time.
13. On May 24, 1996, LEONARD resubmitted the entire
package (Composite Exhibit "A") to Pepsi's New York
headquarters. PEPSI refused to process the order as well.
14. To date, despite LEONARD'S reliance on PEPSI'S
nationally televised offer of a new Harrier Jet, in exchange
for seven (7) million Pepsi Points, PEPSI has failed and
refused to deliver this prize, thereby breaching its own offer
to the detriment of LEONARD.
15. All conditions precedent to this action have been
performed, excused or waived.
16. LEONARD has retained the undersigned law firm for
the purposes of maintaining this suit and is obligated to pay
it a reasonable fee.
COUNT I [Specific Performances]
17. Plaintiff hereby realleges and incorporates paragraphs 1
through 16 as if fully set forth herein.
18. PEPSI, by and through its national advertising
campaign, known as Pepsi Stuff, offered a new Harrier Jet
for sale to the general public under certain conditions
precedent, namely the tender of seven (7) million Pepsi
Points, as more particularly described above.
19. On March 28, 1996, LEONARD, in accordance with
the rules and regulations of the Pepsi Stuff promotion,
accepted the offer, met all of the above conditions
precedent (which included providing the advertised
consideration to PEPSI for the new Harrier Jet) and a
binding contract was formed.
20. LEONARD is ready, willing and able to take
possession of the new Harrier Jet, however, PEPSI has
failed and refused to fulfill its contractual obligations to
LEONARD by not delivering the new Harrier Jet in
exchange for seven (7) million Pepsi Points tendered by
LEONARD. Accordingly, PEPSI has breached the contract
between the parties.
21. Since the subject matter of the contract, a new Harrier
Jet, is of such a special nature and peculiar value and is a
specifically identifiable and inherently unique item,
LEONARD is without an adequate remedy at law to redress
his injuries if PEPSI is not required to perform its
obligations under the contract by delivering the new Harrier
Jet to LEONARD.
22. As a direct and proximate result of PEPSI's breach of
contract, LEONARD has and will continue to suffer
damages, unless PEPSI completes its performance of the
contract as described above.
WHEREFORE, Plaintiff, LEONARD, prays that this
Honorable Court: (1) exercise its equitable powers over the
subject matter of this action requiring specific performance
of the contract as between the parties; (2) enter a judgment,
order or decree directing or otherwise requiring PEPSI to
accept the tender of seven (7) million Pepsi Points from
LEONARD and deliver and/or otherwise transfer the new
Harrier Jet to LEONARD; and (3) fashion any and all
appropriate remedies the Court deems necessary and proper
to carry out performance of the contract by PEPSI to
LEONARD.
COUNT II [Breach of Contract (In the Alternative)]
23. Plaintiff hereby realleges and incorporates paragraphs 1
through 16 as if fully set forth herein.
24. PEPSI, by and through its national advertising
campaign, known as Pepsi Stuff, offered a new Harrier Jet
for sale to the general public under certain conditions
precedent, namely the tender of seven (7) million Pepsi
Points, as more particularly described above.
25. On March 28, 1996, LEONARD, in accordance with
the rules and regulations of the Pepsi Stuff promotion,
accepted the offer, met all of the above conditions
precedent and a binding contract was formed.
26. PEPSI has failed to fulfill its obligations to LEONARD
and more particularly set forth above and therefore, PEPSI
has breached the contract between the parties.
27. As direct and proximate result of PEPSI's breach of
contract, LEONARD has suffered damages.
WHEREFORE, Plaintiff LEONARD, demands judgment
against Defendant, PEPSI, for damages, together with
attorney's fees and costs.
COUNT III [Fraud]
28. Plaintiff hereby realleges and incorporates paragraphs 1
through 16 as if fully set forth herein.
29. PEPSI, by and through its nationally advertised
television commercial featuring a new Harrier Jet, made
knowingly false statements and representations to
LEONARD, concerning its offer of the new Harrier Jet as
one of the prizes which could be obtained in the Pepsi Stuff
promotional campaign.
30. Specifically, PEPSI misrepresented the fact that a new
Harrier Jet could be acquired by a member of the general
public for seven (7) million Pepsi Points, when in fact,
PEPSI had absolutely no intentions of fulfilling its promise
to do so.
31. PEPSI knowingly made these false statements and
representations in its television commercial, which
statements were material misrepresentations of fact, with
the intent to induce members of the general public, such as
LEONARD, into purchasing PEPSI products and thereby
increasing its profits. Accordingly, by virtue of its running
the Pepsi Stuff commercial nationwide, it was foreseeable
by PEPSI that the offer of a new Harrier Jet would either
directly increase the sale of its products for Pepsi Points or
the purchase of Pepsi Points itself.
32. LEONARD detrimentally relied on PEPSI's false
statements of material fact when on March 28, 1996,
LEONARD duly tendered seven (7) million Pepsi Points to
PEPSI in exchange for the new Harrier Jet by delivering to
PEPSI (1) an original Pepsi Stuff order form, (2) 15
original Pepsi Points, and (3) a check in the amount of
$700,008.50 (for the remaining 6,999,985 points, plus
shipping and handling), all in accordance with the rules and
regulations of the Pepsi Stuff promotion.
33. As a direct and proximate result of PEPSI's failure and
refusal to honor, accept and process LEONARD's tender of
the items set forth in Composite Exhibit "A", to obtain
seven (7) million Pepsi Points in exchange for a new
Harrier Jet, LEONARD has suffered damages.
WHEREFORE, Plaintiff, LEONARD, demands judgment
against Defendant, PEPSI, for damages and such other and
further relief as this Court deems just and proper and
reserves the right to amend the Complaint to seek punitive
damages upon proper proffer pursuant to Florida Statutes.
COUNT IV [Deceptive and Unfair Trade Practices]
34. Plaintiff hereby realleges and incorporates paragraphs 1
through 16 as if fully set forth herein.
35. This action is brought against PEPSI pursuant to
Florida's Deceptive and Unfair Trade Practices Act, Sec.
501.201, Florida Statutes, et. seq.
36. PEPSI, through its nationally advertised television
commercials as described above, offered a new Harrier Jet
as one of the prizes that could be obtained in the Pepsi Stuff
promotional campaign, which commercial was broadcast in
the state of Florida.
37. PEPSI misrepresented and misled the general public,
and particularly LEONARD, in the television
advertisement, by offering a new Harrier Jet for seven (7)
million Pepsi Points, when in fact, PEPSI had absolutely no
intention of fulfilling its promise to do so.
38. PEPSI's failure and refusal to provide LEONARD with
a new Harrier Jet after LEONARD had accepted its offer by
delivering to PEPSI (1) an original Pepsi Stuff order form,
(2) 15 original Pepsi Points, and (3) a check in the amount
of $700,008.50 (for the remaining 6,999,985 points, plus
shipping and handling), all in accordance with the rules and
regulations of the Pepsi Stuff promotion, constitutes a
willful violation of Florida's Deceptive and Unfair Trade
Practices Act, Sec. 501.201 Florida Statutes, et. seq. and as
a direct and proximate result LEONARD has suffered
damages.
WHEREFORE, Plaintiff LEONARD, demands judgment
against Defendant, PEPSI, for damages, including
attorney's fees and costs as provided by statute and for such
other and further relief as this Court deems just and proper.
COUNT V [Misleading Advertising]
39. Plaintiff hereby realleges and incorporates paragraphs 1
through 16 as if fully set forth herein.
40. This action is brought against PEPSI pursuant to
Florida's Fraudulent Practices Act, Sec. 817.41 Florida
Statutes (1993).
41. PEPSI, through its nationally advertised television
commercials offering a new Harrier Jet, which a
commercial was broadcast in the state of Florida, made
knowingly false, deceptive and misleading representations
to LEONARD, as a member of the general public,
concerning its offer of the new Harrier Jet as one of the
prizes which could be obtained in the Pepsi Stuff
promotional campaign.
42. Specifically, PEPSI misrepresented a material fact that
a new Harrier Jet could be acquired for seven (7) million
Pepsi Points, when in fact, PEPSI had absolutely no
intentions of fulfilling its promise to do so.
43. PEPSI knowingly made these false, deceptive and
misleading statements in its television commercial, for the
purpose of inducing or causing members of the general
public, and particularly LEONARD, to purchase its
products or Pepsi Points under false pretenses.
44. Such practices constitute a willful violation of Sec.
817.41, Florida Statutes (1993) and as a direct and
proximate result, LEONARD has suffered damages.
WHEREFORE, Plaintiff LEONARD, demands judgment
against Defendant, PEPSI, for damages, including
attorney's fees and costs as provided by statute and for such
other and further relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
45. Plaintiff demands a trial by jury of all issues so triable
as a matter of right.
Respectfully submitted this 6th day of August, 1996.
SCHANTZ, SCHATZMAN & AARONSON, P.A.
Attorney for John D. R. Leonard Suite 1050, First Union
Financial Center 200 South Biscayne Boulevard Miami, FL
33131-2395 (305) 371-3100
By: /s/ Lawrence Schantz, Esquire Florida Bar No: 143910
By: /s/Alan P. Dagen, Esquire Florida Bar No: 0456335