I. FACT
In 1981, Procter & Gamble (P&G) published a Pampers catalog promotional offer. Each
box of Pampers has a printed statement which described that a customer could order several
baby products at a lower expenditure from the Pampers Softouches Baby Catalog. To receive
that benefits purchasers have to collect the teddy bear symbols as proof of purchase (Teddy
Bears points) on packages of Pampers diapers. The catalog would be sent free to consumers
upon request. The catalog would include pictures of the discounted items and the designated
amount of Teddy Bears points and cash necessary for purchase. All sale terms, including the
expiry date of the offer, were pointed out in each catalog. The only method for ordering
merchandise was the use of the specific order form included in each catalog.
About April 1989, P&G released its final catalog. The front of the catalog stated that it was
the final catalog and that the offer would terminate on February 28, 1990.