What is the legal interpretation of BOGO offers?

I have a number of coupons from a well known fast food restaurant that say

Asked on September 24, 2016 under Business Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no standard definition in the law. If there were any definition in the offer, the advertising, or the coupon, those terms would control. In the absence of definition in the materials relating to the BOGO offer, a court would generally (if called upon to interpret this) look to industry custom. In industry custom, it is generally the case that the free item is one of equal or lesser, not greater value--so most the most likely way this would be interpreted is that they only owe you the less expensive (or equally expensive) sandwich, not the more expensive. Some manager(s) may have chosen to let you get the more expensive sandwich free, but that was that individual manager's choice, not a requirement.

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