Kroger Co. v. Burleson

Conley Byrd, Justice.

Appellant, Tbe Kroger Company, conducted a promotional game called “Double Sweepstakes Bingo”, whereby customers could win prizes ranging from trading stamps to $1,000 cash. The game was played with a card and discs distributed by the Kroger stores to their customers. Kroger’s Exhibit #3 is reproduced below to show the card and the discs placed thereon. Concealed discs, such as Burleson’s Exhibit #1-A, below, were given to customers each time they visited the store.

Exhibit #3

Exhibit #1-A

[[Image here]]

The game rules are on the hack of the cards. Rules 4 and 10 provide:

“4.…