Is the performance of the conditions as advertised constitutes acceptance of an offer? Please state your reasons.
1. The CS Ball Company made a product called the "smoke ball" which claimed to be a cure for influenza and a number of other diseases. The Company published advertisements claiming that it would pay $150.00 to anyone who got sick with influenza after using its product, according to the instructions set out in the advertisement. The $150.00 reward will be paid by CS Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. Showing its sincerity, the company deposited $1M with the Alliance Bank, Regent Street where they can claim their reward.
When Mrs. Clark saw the advertisement, she bought a smoke ball and used it three times daily for nearly one month until she contracted the flu. She brought a claimed from the CS Smoke Ball Company, however, the company ignored her two letters. On her third request for the reward, the company replied with an anonymous letter that if it is used properly, the company had complete confidence in the smoke ball's efficacy, but to protect themselves against all fraudulent claims, they would need her to come to their office to use the ball each day and be checked by the secretary. Mrs. Clark sued the company on its promise to pay $150.00.
Is the performance of the conditions as advertised constitutes acceptance of an offer? Please state your reasons.
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