Bronx man sues NBC Universal over ‘unlimited’ soda refills at theme park

[DisneyMom93]

No mention of time limitations here. It also doesn’t use the word unlimited here. But when it adds a few things you need to know it doesn’t mention the ten minute wait.

https://blog.universalorlando.com/visiting-us/coca-cola-freestyle/

 

[DisneyMom93]

As long as it is posted somewhere, they can dispute it. This is precisely how return policies and other terms and conditions work. Have a great day.

I meant you can’t dispute the fact that there is indeed a limit. A limit of 6 pours per hour.

 

[damo]

No mention of time limitations here. It also doesn’t use the word unlimited here. But when it adds a few things you need to know it doesn’t mention the ten minute wait.

https://blog.universalorlando.com/visiting-us/coca-cola-freestyle/

That's a 2015 post in the blog, though, not a point of purchase. Was there even a wait in 2015?

 

[DisneyMom93]

That's a 2015 post in the blog, though, not a point of purchase. Was there even a wait in 2015?

No clue. I did a search on their website to see what info comes up and that’s what I found.

 

[DisneyMom93]

Is there even an option to purchase just a Freestyle cup online? I couldn’t find one.

 

[damo]

Is there even an option to purchase just a Freestyle cup online? I couldn’t find one.

Yes, follow my link below and click on dining.

https://www.universalorlando.com/web-store/en/us/add-ons

 

[DisneyMom93]

Yes, follow my link below and click on dining.

https://www.universalorlando.com/web-store/en/us/add-ons

Thanks!

I couldn't find the option for just the cup but found this in the dining plan description:

Pre-purchase your dining plan – good at over 100 locations - and upgrade your beverage with a Coca-Cola freestyle® Souvenir Cup to enjoy FREE unlimited fountain refills at participating Coca-Cola freestyle® locations all day long!
The Universal Dining Plan - Quick Service™ + Coca-Cola freestyle® Souvenir Cup includes:

• Adult: 1 Quick Service Meal (1 entrée), 1 snack and 1 Coca-Cola freestyle® Souvenir Cup (valid for one day of unlimited Coca-Cola® freestyle® soft drinks at participating locations)
• Child: 1 Quick Service Kids Meal (1 entrée), 1 snack and 1 Coca-Cola freestyle® Souvenir Cup (valid for one day of unlimited Coca-Cola® freestyle® soft drinks at participating locations)

They should have included an asterisk or something after "unlimited" to refer to the next paragraph. Actually they should have stated it right there in that parenthesis. I take that back... they should have just removed "unlimited" because they aren't unlimited. Again, they are limited to 6 pours per hour.

It does continue with more details about everything for the entire dining plan, but you definitely have to continue reading to see they aren't actually unlimited.

It continues in the next paragraph:

Offer components cannot be returned or refunded, and will not be replaced if lost, stolen or destroyed. Gratuities are not included. Theme park admission is required for dining in Universal Studios Florida™, Universal's Islands of Adventure™ and Universal's Volcano Bay™. Children ages 3 to 9 must order from the Kid's Menu. Participating locations are subject to change without notice and venue operating hours may vary by location. Merchandise is not included. Valid Coca-Cola freestyle® Souvenir Cup required to dispense Coca-Cola freestyle®. Refills are limited to no more than one (1) pour from the Coca-Cola freestyle® machine per 10 minutes and valid day of purchase only. Sharing is not permitted. Additional restrictions may apply and subject to change without notice. © 2019 The Coca-Cola Company. All rights reserved. Universal elements and all related indicia TM & © 2019 Universal Studios. © 2019 Universal Orlando™. All rights reserved.

Applicable sales tax will be added to all ticket products.


I'm more curious as to what it states when you purchase in the park, since that's where he purchased it.

 

[Chickinvic]

OMG, so much stupid in one person. Sigh! This is why Americans get such a bad reputation for lawsuits. Suing over such frivilous stuff.

And, the 10 minute limit is likely to discourage sharing (which is prohibited). So you can't just pour it into another container and refill for your friend right away or something.

Given the size of these things, who would really need to refill so frequently with this unhealthy slop? Would he rather have just paid for each drink separately? Hmm, I doubt it.

To reiterate my opinion: what a goof.

 

[damo]

Thanks!

I couldn't find the option for just the cup but found this in the dining plan description:

Pre-purchase your dining plan – good at over 100 locations - and upgrade your beverage with a Coca-Cola freestyle® Souvenir Cup to enjoy FREE unlimited fountain refills at participating Coca-Cola freestyle® locations all day long!
The Universal Dining Plan - Quick Service™ + Coca-Cola freestyle® Souvenir Cup includes:

• Adult: 1 Quick Service Meal (1 entrée), 1 snack and 1 Coca-Cola freestyle® Souvenir Cup (valid for one day of unlimited Coca-Cola® freestyle® soft drinks at participating locations)
• Child: 1 Quick Service Kids Meal (1 entrée), 1 snack and 1 Coca-Cola freestyle® Souvenir Cup (valid for one day of unlimited Coca-Cola® freestyle® soft drinks at participating locations)

They should have included an asterisk or something after "unlimited" to refer to the next paragraph. Actually they should have stated it right there in that parenthesis. I take that back... they should have just removed "unlimited" because they aren't unlimited. Again, they are limited to 6 pours per hour.

It does continue with more details about everything for the entire dining plan, but you definitely have to continue reading to see they aren't actually unlimited.

It continues in the next paragraph:

Offer components cannot be returned or refunded, and will not be replaced if lost, stolen or destroyed. Gratuities are not included. Theme park admission is required for dining in Universal Studios Florida™, Universal's Islands of Adventure™ and Universal's Volcano Bay™. Children ages 3 to 9 must order from the Kid's Menu. Participating locations are subject to change without notice and venue operating hours may vary by location. Merchandise is not included. Valid Coca-Cola freestyle® Souvenir Cup required to dispense Coca-Cola freestyle®. Refills are limited to no more than one (1) pour from the Coca-Cola freestyle® machine per 10 minutes and valid day of purchase only. Sharing is not permitted. Additional restrictions may apply and subject to change without notice. © 2019 The Coca-Cola Company. All rights reserved. Universal elements and all related indicia TM & © 2019 Universal Studios. © 2019 Universal Orlando™. All rights reserved.

Applicable sales tax will be added to all ticket products.


I'm more curious as to what it states when you purchase in the park, since that's where he purchased it.

If you click on my link and then click on the tab that says dining, the first item in the list is the standalone cup offer.

 

[DisneyMom93]

If you click on my link and then click on the tab that says dining, the first item in the list is the standalone cup offer.

OMG I did that before. That was NOT there earlier! lol. In fact the one I saw and posted is not there now. Go figure.

But thanks! I see it now.

 

[EveDallas]

Honestly, I'm kinda with this guy. I hate to say it but I really felt the penny pinching from Universal when it comes to soda in the parks. A single regular size "no refill" soda is currently $4.19, while the "unlimited" was $16.99. No, it does not explicitly state the 10-minute window anywhere.

I was at The Burger Digs when I got my first cup of soda and drank it as I was waiting for my food. Went back to get the food when it was called, went back to refill and the machine advised the waiting period. I asked the employee nearby to override (I was alone if there was any doubt of sharing) and they could not. I asked for the manager and advised I needed a refund for the cup or the food or both as I was not going to wait for my food to get cold in order to be able to have a drink while I eat, especially after paying $17. They obliged.

Things like this are what keep Universal from reaching that Disney level of service. I've always hated the comparison but in this case, it fits: it's so Six Flags of them.

Disney has a waiting period on the refillable cups they sell in the resorts.

 

[Someone28624]

Disney has a waiting period on the refillable cups they sell in the resorts.

It's 1/5th as long though. 2 minutes is a lot easier to deal with

 

[EveDallas]

It's 1/5th as long though. 2 minutes is a lot easier to deal with

Well then stay at Disney. This is about the farthest thing from an actual problem. If someone needs soda more than every ten minutes, they really need to reexamine their nutrition choices.

 

[Someone28624]

Well then stay at Disney. This is about the farthest thing from an actual problem. If someone needs soda more than every ten minutes, they really need to reexamine their nutrition choices.

You can want soda twice in 10 minutes and then not again for 4 hours, like my previous example of drinking it quickly because you're thirsty, and then wanting to refill before you walk away from the station. And people's dietary choices at a theme park are usually not reflective of their everyday decisions.

 

[Chickinvic]

You can want soda twice in 10 minutes and then not again for 4 hours, like my previous example of drinking it quickly because you're thirsty, and then wanting to refill before you walk away from the station. And people's dietary choices at a theme park are usually not reflective of their everyday decisions.

It still doesn't even approach being a real "problem" and should certainly not be a lawsuit. This whole thing is ridiculous beyond belief.

 

[Chickinvic]

Well then stay at Disney. This is about the farthest thing from an actual problem. If someone needs soda more than every ten minutes, they really need to reexamine their nutrition choices.

This x1000

 

[mikeyg1479]

The funny thing is he does have a point and if there is advertising saying "unlimited refillls" very boldly without also boldly including "every ten minutes". Then they do have a problem.

But that said- what is the guys damages? Basically the fees he paid for the drink cup, and maybe he can grab legal fees. Its not like he suffered distress or anything. I don't see him individually getting much, like I'm sure they are gunning for but there could be merit for a class action lawsuit where a bunch of people get some small checks from Universal like 10 years from now. And it could lead to them cleaning up their advertising on this a bit.

 

[damo]

It's 1/5th as long though. 2 minutes is a lot easier to deal with

Do they advertise as unlimited? If you have to wait 2 minutes, it still isn't unlimited. I think the argument is all in the semantics.

 

[DLgal]

Well then stay at Disney. This is about the farthest thing from an actual problem. If someone needs soda more than every ten minutes, they really need to reexamine their nutrition choices.

You know, soda isn't the only drink option in the freestyle machines, right? There are plenty of zero or very low calorie drinks, like sparkling water, tea, lemonade, powerade, etc. One could theoretically drink from these machines all day and consume 0 additional calories.

 

[Kaleidodad]

The funny thing is he does have a point and if there is advertising saying "unlimited refillls" very boldly without also boldly including "every ten minutes". Then they do have a problem.

But that said- what is the guys damages? Basically the fees he paid for the drink cup, and maybe he can grab legal fees. Its not like he suffered distress or anything. I don't see him individually getting much, like I'm sure they are gunning for but there could be merit for a class action lawsuit where a bunch of people get some small checks from Universal like 10 years from now. And it could lead to them cleaning up their advertising on this a bit.

"Class members were injured in an amount up to the purchase price, the difference between the actual value of the Products and the value of the Products as misrepresented to them by Defendant, to be determined by expert testimony at trial."

yada yada yada