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IN THE UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
MARIO ALIANO,
individually, and on behalf of all others similarly situated,
Plaintiff,v.MOLSON COORS BREWING COMPANY, aColorado corporation; MILLERCOORS, LLC, aDelaware limited liability company, andMILLER BREWING COMPANY, a Wisconsincorporation,
individually, and on behalf of allothers similarly situated,
Case No.Jury Trial DemandedDefendants.
CLASS ACTION COMPLAINT
Plaintiff MARIO ALIANO, individually, and on behalf of all other similarly situated personand entities, files this Class Action Complaint (hereinafter "Complaint") and alleges upon personalknowledge matters pertaining to himself and his own acts, and as to all other matters, uponinformation and belief, based upon the investigation undertaken by his counsel:
I. SUMMARY OF THE ACTION
1.
This is a nationwide class action lawsuit brought by the Plaintiff, individually(hereinafter “Plaintiff”), and on behalf of all other similarly situated persons and entities(hereinafter "Plaintiff Class") against MOLSON COORS BREWING COMPANY,MILLERCOORS, LLC and MILLER BREWING COMPANY, each individually (hereinafter"Defendants"), and as the representatives of a Defendants class (hereinafter "Defendants Class")comprised of all persons and entities that produce, manufacture, distribute and/or otherwise marketCoors Light and Coors Beer products (hereinafter “Product”) that have been subsequentlypurchased by Plaintiff and the Plaintiff Class. Specifically, Plaintiff brings this action on behalf of those persons and entities who purchased the Product between August 1 to October 31, 2009.
Case 1:09-cv-06246 Document 1 Filed 10/06/2009 Page 1 of 22
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22.
Defendants, in an effort to increase sales of their Product, instituted a promotionwhereby silver Sweepstakes Tickets (hereinafter “Ticket”) with a unique sweepstakes entry code(hereinafter “Code”) would be inserted into cartons of their Product. The promotion was named“The Coors Light Silver Ticket Sweepstakes” (hereinafter “Sweepstakes”). The cartons wereproduced and marketed with the Sweepstakes promotion printed on cartons of the Product.3.
After purchasing the Product, and opening the Product’s carton, the consumer wouldreveal a Ticket containing a Code. Instructions printed on the Ticket would direct the consumer togo to the Website www.coorslight.com/silverticket (hereinafter “Website”) to enter the Code to winthe prizes. Alternatively, the consumer could text the Code to a specific text number indicated onthe Ticket, via cellular phone or via the Website.4.
The Coors Light Silver Ticket Sweepstakes began at or about 8:00 a.m., Mountaintime (MT), on August 1, 2009, and will end at 5:00 p.m., MT, on October 31, 2009 (hereinafter“Sweepstakes Period”).5.
The prizes that were offered were:a.
Grand Prize (256): Two (2) Tickets to a 2009 regular-season NFL game thatoccurs after winner verification. Important Notice: Transportation andlodging are not included. Excludes postseason games. Approximate RetailValue (ARV): $80–$180, depending on the game/available Ticket level; andb. First Prize (125): A $100 NFLShop.com gift certificate.
II. PARTIES
6. Plaintiff is a resident of the state of Illinois. Plaintiff purchased Coors Light bearingthe mark of Defendants and the Sweepstakes promotion for the sole purpose of entering into theSweepstakes.
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37. Defendant Molson Coors Brewing Company is a Colorado corporation with itsprincipal offices located in Colorado. This Defendant brews, manufactures, markets, distributes,and sells an array of beer products, which are distributed throughout the United States.8. Defendant Miller Brewing Company is a Wisconsin corporation with its principaloffices located in Wisconsin. This Defendant brews, manufactures, markets, distributes, and sellsan array of beer products, which are distributed throughout the United States.9. Defendant MillerCoors LLC is a Delaware limited liability company which is a jointventure between the other two Defendants, whose purpose is to brew, manufacture, market,distribute, and sell an array of beer products, which are distributed throughout the United States.
III. JURISDICTION AND VENUE
10.
This Court has original jurisdiction over the subject matter of this action pursuant to28 U.S.C. § 1332(d). The Plaintiff Class involves more than 100 individuals. A member of thePlaintiff Class is a citizen of a state different from the Defendants, and the amount of controversy,in the aggregate, exceeds the sum of $5,000,000 exclusive of interest and costs.
11.
Venue is proper in this district under 28 U.S.C. §1391, because a substantial part of the events and omissions giving rise to the claims occurred in this district.
IV. FACTUAL ALLEGATIONS
12.
Plaintiff purchased the Product based on and as a result of Defendants’ marketingcampaign, so that Plaintiff could enter into the Sweepstakes for a chance to win the prizes indicatedon the Ticket and on the Website.13.
Plaintiff purchased the Product, opened the carton, removed the Ticket andproceeded to enter the Code properly on the Website. After agreeing to the Corporate OfficialRules, as indicated on the Website, and submitting the Code, Plaintiff received the message: “This
Case 1:09-cv-06246 Document 1 Filed 10/06/2009 Page 3 of 22
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