State ex rel. Stephan v. Pepsi-Cola General Bottlers, Inc.

The opinion of the court was delivered by

Herd, J.:

This is an appeal from the trial court’s order denying the appellant’s (State’s) motion for summary judgment and entering judgment for the appellee (Pepsi-Cola).

During the fall of 1981 Pepsi-Cola conducted a promotional program entitled “Pepsi Challenge! DOUBLE PAY-OFF.” Under the rules of the scheme the purchaser of one or more items of Pepsi-Cola products, namely bottles of Pepsi-Cola, Diet Pepsi and Mountain Dew, was issued one or more bottle caps specially marked with stars. Under the cap appeared a letter, cash amount or a facsimile of a…