Legal Question in Business Law in Massachusetts
Promotions Terms of Service
When a company gives out promotional codes to their web site for free access and then decides to modify the Promotions Terms of Service, to limit how codes can be entered in 6 months. Can they then legally remove the free periods for codes entered before the new terms take affect?
1 Answer from Attorneys
: Promotions Terms of Service
It depends on the terms under which the codes were displayed. Usually there is an expiration date. In its absence, the company may alter the terms, except to the extent state law bars this. The issue is which state law governs?
In this case, it sounds like there was a promotion due to start in some future time. To the extent the promotion may have been removed before the start date, there is no prejudice to the consumer. At best, the consumer has no rights.
For instance, if you said I am going to sell a clock on Tuesday at 9.00 for 10.$, to the first 10 buyers. However, the offer is canceled on Monday. Has any consumer accepted the offer, and how would a prospective buyer be harmed by an offer that did not mature.