Legal experts of AskMe, I ask for your advice (which is not to be interpreted as legal advice)! Company X provided two online bonus offers. At the time I registered for the offers, neither offer stated that they could not be combined with the other. However, Company X only wants to apply one of the offers.
Their justification is:
1) AFTER I registered for the offer, they added a term to one of the offers saying it could not be combined with another offer.
Applying the new terms to me without informing me of the new terms seems like it would breach the common law principle of mutual assent, and the mirror image rule. (IANAL)
2) They had a clause in the offer stating that "Offers, rules, and participating merchants are subject to change without notice."
To me, this "Anthing Goes" clause seems like it would cause only one party to be bound to the contract and associated transaction, since Company X can change any of the rules of the offer at will without notice. Therefore it seems like it would be unenforceable under the doctrine of Unconscionability
, as stated in section 2-302 of the United States Uniform Commercial Code. (See also Williams v. Walker-Thomas Furniture
Co., 350 F.2d 445 (D.C. Cir. 1965)) (IANAL)
Aside from the legal aspect, attemting to enforce this clause over a petty matter seems like terrible PR.
I spent hundreds of dollars to participate in these offers. I am going to write to Company X and ask that they enforce both offers. Based on what I have said, are my legal grounds solid, and/or do you have any better ideas? (No responses will be interpreted as legal advice.) Thanks!