Anne Therese D.

Magaway
November 14, 2016
Issue: Whether Tide can change the terms and conditions of its contest?
Analysis/Discussion: Unilateral promise happens when anyone promises a reward for
realization if an act or the achievement of a particular result, is obliged to pay the reward
to anyone who performs the act or attains the result. 1One example is Offers of Reward
published in newspapers, and public contests where the public participates. The
classification of the sources of obligations enumerated in Article 1157 of the Civil Code
is sufficient to cover almost all kinds of civil obligations including unilateral promises
which when duly accepted are converted into contracts. 2 The one who makes an offer
contemplating a unilateral contract cannot revoke his offer when the offerees partial
performance has caused some expense.3
In this case, Tide gave a unilateral promise when they held a public contest
wherein an iPhone will be awarded if one can collect 501 boxes of Tide. Therefore, Tide
has the obligation to the public who will accept their offer. The acceptance can be
manifested when one purchases Tide to be able to collect the required 501 boxes to be
entitled for the reward. Tide cannot change the deadline of contest because the consumer
had already performed the condition required which is purchasing Tide detergent bags
that had caused him some expense.
Moreover, we may also argue that Tide failed to fulfill its obligation on the
announcement required on the any changes in the sales promotion under Rule XII,
Chapter VI, Title III Republic Act No. 7394, otherwise known as the Consumer Act of the
Philippines to read as follows: Section 17. Announcement Required on the Changes The
changes in the sales promotion campaign as well as the fact of the approval shall be published,
announced or advertised at least twice on two(2) different dates before such change is effected
and in the same manner and medium that the sales promotion campaign was announced,
published, or advertised by the promoter or sponsor.

Any changes on the conduct of sales promotion such as extension or delay in the
dates of the starting, termination and determination or selection of winners, venue of
draws, auditions, and try-outs, duration, mechanics, procedures or terms and conditions
of sales promotions campaigns, and qualifications required of the participants, criteria in
the determination and selection of winners cannot be made without the knowledge and
approval of DTI. The aforementioned changes shall be published, announced, or
advertised at least twice before such change is effected.
In this case, there was no proof that DTI has knowledge and approved the said
change in the deadline of submission. Moreover, it is not shown that Tide published,
announced, or advertised at least twice on different dates change in the deadline of
submission before such change may be effected. Tide must ensure that the change in the
deadline was disseminated to all of its consumers who wish to participate on the said
contest. Since the consumer in this case was not aware that the deadline of submission
was moved on an earlier date and the change was invalid due to the failure of Tide to

1
2
3

Tolentino, Arturo, Obligations and Contracts, p.62

Pineda, Ernesto, Obligations and Contracts 2009 edition, p. 9
Roth v Moeller 185 Cal. 415 (Cal. 1921)

comply with the requirements laid down Rule XII, Chapter VI, Title III R.A No. 7394, he
is entitled of the reward.