Bays v. U. S. Camera Publishing Corp.

Beginning in the June, 1958, issue of its magazine, the defendant publisher announced a photographic contest with various prizes to be awarded winners. The announcement contained “Official Contest Rules” which were set off in bold black lines from the other portions of the article listing and describing various prizes.

Pertinent to the issues here is the first paragraph of the contest rules which reads as follows:

“1. Anyone is eligible to enter this contest with the exception of employees of IT. S. Camera Publishing Corp. and their families. Entries will be accepted from anywhere in the…