A nature magazine advertised a contest offering $1,000 to subscribers who submit a photo meeting technical specifications and intended for the May cover. A subscriber submitted a qualifying photo on March 15. The May issue used a different photo due to an ecological disaster, and the June issue used the subscriber's photo, but the magazine refused to pay $1,000 because the photo was not used on the May cover. Is the subscriber likely to prevail?

• A. Yes, because the photo was ultimately used on another issue.
• B. No, because the subscriber failed to be used on the May cover.
• C. Yes, because the magazine prevented the publication of the photograph.
• D. No, because the contract required use on the May issue.

Answer: (C)

A reward/competition for submitting a photo creates a unilateral contract, meaning the offer is accepted when the requested act is performed. Here, the subscriber completed the act on March 15 by submitting a qualifying photo intended for the May cover. Once that performance occurred, the contract was formed and the magazine was obligated to pay the prize.

The magazine’s refusal to pay hinges on whether its later decision not to use the photo in the May issue matters. It does not: payment is triggered by the act of submission, not by actual publication on the May cover. Although the May issue didn’t include the photo, the magazine’s own action prevented publication, which is a breach of the contract. The photo’s later use in June doesn’t cure or alter the obligation to pay the prize upon performance.