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Andrews vs Fremantle

Andrews vs Fremantle

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Published by Keith Pearson
complaint
complaint

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Published by: Keith Pearson on Jul 26, 2013
Copyright:Attribution Non-commercial

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11/18/2014

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1816. In addition to (or lieu of) the 19 ENTERTAINMENT Prize Contracts, or

whatever written contracts ENTERPRISE-DEFENDANTS may have presented to the Plaintiffs at any

time regarding the contest prizes, the individual Plaintiffs and the prospective Class members

each possessed a separate and divisible contractual (or quasi-contractual) interest in the

advertised prize for becoming “the next American Idol.”

(1) MUTUAL ASSENT

1817. DEFENDANTS’ market solicitation to U.S. consumers to enter DEFENDANTS’

advertised contest at a specified time and place constituted an offer of a unilateral contract to

each Plaintiff and prospective Class members.

1818. The unilateral contract became mutually binding upon Plaintiffs and DEFENDANTS

once the PRODUCTION-DEFENDANTS determined that Plaintiffs had met certain published

eligibility requirements, namely age and U.S. residence conditions.

1819. Plaintiffs’ completion of the invited performance in accordance with the terms of

the DEFENDANTS’ published contest offer constituted acceptance of the DEFENDANTS’ unilateral

offer.57

1820. As to each Plaintiff named herein, performance by the contest entrant of the act

requested by the DEFENDANTS - which was to appear at the Open Auditions for American Idol at

57

RESTATEMENT (SECOND) OF CONTRACTS § 45

JH FREEMAN LAW

BLACK AMERICAN IDOLS

384

a specified time and place and perform for the panel of Expert Judges - constituted an acceptance

DEFENDANTS’ unilateral offer to enter the American Idol talent contest.

1821. Each Plaintiff’s acceptance of DEFENDANTS’ unilateral offer to compete for the

advertised Contest Prizes was manifested as of the time of their respective Open Auditions.

1822. Plaintiffs’ appearances at their respective Open Auditions and Plaintiffs’

rendering of their individual performances for the purpose of being evaluated by the American

Idol Expert Judges formed a binding bilateral contract as between Plaintiffs and DEFENDANTS.

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