Legal Question in Consumer Law in California
A local chain restaurant has an offer on the back of their receipts that says you'll get a free sandwich on your next visit for filling out an online/phone survey. Each time I visit the restaurant I order fries/drink etc and turn in my previous visit's receipt for the free sandwich. Then I take the new receipt home and fill out the survey again so I can get another free sandwich on my next trip. The offer states "only one free sandwich per visit" and that the coupon expires in 30 days but says nothing about how many times a month I can complete the survey or visit and get a sandwich. Not only that but when I first started going to the restaurant the cashier would even state as they hand me the receipt that I should fill out the survey again so I can get another free sandwich on my next visit. I've now been eating at the restaurant about 3 or 4 times a week and today the manager, who has noticed I'm getting a free sandwich everytime, says I'm only suppose to use the coupon once a month and that the website isn't suppose to let me fill out the survey more than once a month from the same computer (I've always filled it out from the same computer and have never encountered any problems nor anything implying "one time only"). I've always following the rules as stated and no where does it state this on either the receipt or the website. Can they now deny me my free sandwich even though the promotion is ongoing? I'd like to continue to be able to participate in the promotion for as long as it's being offered. Plus I already have a couple of extra receipts filled out which means not only did I buy desert sometimes in order to get the receipt, but also I've already spent my time completing their survey. It may not be much but I feel I earned my free sandwich.
Below is the exact language on the receipt. I've removed the name of the restaurant and specific products just to keep the restaurant chain annonymous but otherwise this is verbatum.
"Write the validation code on the blank below and return to any participating (name of restaurant) for your free (name of sandwich). Offer valid for 30 days after survey completion. Customers can redeem only one free (name of sandwich) per visit. The offer is not valid with any other offer or discount. (Name of restaurant) employees and their families not eligible. Not transferable."
1 Answer from Attorneys
You are legally in the right, but instead of taking them to court, wouldn't it be easier to find another participating restaurant of theirs?
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