A subscriber to a nature magazine contest is unlikely to prevail in a breach-of-contract action for a $1,000 prize because of which reason?

• A. Yes, because the photograph met the technical specs.
• B. Yes, because the photo was submitted on time.
• C. No, because not used on the May cover.
• D. No, because prize offers are not enforceable.

Answer: (D)

The key idea is that prize offers in a magazine contest are generally not enforceable as contracts. For a contract to exist, you need a definite offer, an acceptance, and consideration. An advertisement promising a prize is usually just an invitation for readers to submit entries, not a binding promise to pay just for entering. The sponsor can typically set or change rules, select a winner, or decide not to award the prize without breaching a contract. Unless the terms clearly create a binding unilateral contract that binds to pay upon performance, the contestant’s entry doesn’t give rise to a contract. So, even if the photo met specs or was submitted on time (or wasn’t used on a May cover), that doesn’t create enforceable entitlement to the prize. The sponsor’s promise to pay the prize isn’t enforceable in this typical setup.