(1) No sponsor shall require a person to pay the sponsor money or any other consideration as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain a prize or information about a prize.
(2) No sponsor shall represent that a person has won or unconditionally will be the winner of a prize or use language that may lead a person to believe he or she has won a prize, unless all of the following conditions are met:
The person shall be given the prize without obligation;
The person shall be notified at no expense to such person within fifteen days ofwinning a prize; and
The representation is not false, deceptive, or misleading.
(3) If a sponsor offers one or more items of the same or substantially the same value to all or substantially all of the recipients of a prize notice, the sponsor shall not:
Represent that such items are prizes or that the process by which such items are to bedistributed is a sweepstakes or contest, or otherwise represent that such process involves a distribution by chance; or
Represent that the recipient is or has been specially selected unless it is true.
No sponsor shall represent that a person has been specially selected in connectionwith a sweepstakes or contest unless it is true.
No sponsor shall represent that a person may be or may become a winner of a prize,characterize the person as a possible winner of a prize, or represent that the person will, upon the satisfaction of some condition or the occurrence of some event or other contingency, become the winner of a prize, unless each of the following is clearly and conspicuously disclosed:
(a) The material conditions necessary to make the representation truthful and not misleading, including but not limited to the conditions that must be satisfied in order for the person to be determined as the winner. All such conditions shall be:
Presented in such a manner that they are an integral part of the representation and notseparated from the remainder of the representation by intervening words, graphics, colors, or excessive blank space;
Made in terms, syntax, and grammar that are as simple and easy to understand asthose used in the representation; and
Presented in such a manner that they appear in the same type size and in the sametype face, color, style, and font as the remainder of the representation.
The fact that the person has not yet won;
The no purchase necessary message;
The retail value of each prize;
The estimated odds of receiving each prize pursuant to paragraph (c) of subsection
of this section;
The true name or names of the sponsor, the address of the sponsor's actual principalplace of business, and the address at which the sponsor may be contacted;
If receipt of a prize is subject to a restriction, a statement that a restriction appliesand a description of the restriction;
The deadline for submission of an entry to be eligible to win each prize;
If a sponsor represents that the person is or has been specially selected, and if therepresentation is not prohibited under subsections (3) and (4) of this section, then immediately adjacent to such representation, in the same type size and boldness as the representation, a statement of the maximum number of persons in the group or purported group of persons with this enhanced likelihood of receiving a prize;
The official rules for the sweepstakes or contest.
(6) Unless otherwise provided by subsection (5) of this section, the information required by subsection (5) of this section shall be presented in the following form:
The information required by paragraphs (b) to (h) of subsection (5) of this sectionmay be presented either:
Immediately adjacent to the first identification of the prize to which it refers and inthe same type size and boldness as the reference to the prize; or
In a separate section of official rules with a section entitled "consumer disclosure",which title shall be printed in no less than twelve-point, bold-faced type, which section shall contain only a description of the prize, and which text shall be printed in no less than ten-point type.
In addition to the other requirements of this subsection (6), the no purchase necessarymessage shall be presented in the official rules and, if the official rules do not appear thereon, on any device by which a person enters a sweepstakes or contest or purchases any goods or services or pays any money in connection with a sweepstakes or contest. The no purchase necessary message included in the official rules shall be set out in a separate paragraph in the official rules and be printed in capital letters in contrasting type face not smaller than the largest type face used in the text of the official rules. If a person is required or allowed to enter the sweepstakes or contest, or purchase any goods or services or pay any money in connection with a sweepstakes or contest, through a telephone call, the no purchase necessary message must be read to the person during the telephone call prior to accepting the entry, purchase, or payment.
The statement of the odds of receiving each prize shall include, for each prize, thetotal number of prizes to be given away and the estimated odds of winning each prize based upon the following formula: "____ [number of prizes] out of _____ prize notices distributed".
All dollar values shall be stated in Arabic numerals and be preceded by a dollar sign.
No sponsor shall subject sweepstakes or contest entries not accompanied by an orderfor products or services to any disability or disadvantage in the winner selection process to which an entry accompanied by an order for products or services would not be subject.
No sponsor shall represent that an entry in a sweepstakes or contest accompanied byan order for products or services will be eligible to receive additional prizes or be more likely to win than an entry not accompanied by an order for products or services, or that an entry not accompanied by an order for products or services will have a reduced chance of winning a prize in the sweepstakes or contest.
No sponsor shall represent that a person will have an increased chance of receiving aprize by making multiple or duplicate purchases, payments, or donations, or by entering a sweepstakes or contest more than one time.
No sponsor shall represent that a person is being notified a second or final time ofthe opportunity to receive or compete for a prize, unless the representation is true.
No sponsor shall represent that a prize notice is urgent or otherwise convey animpression of urgency by use of description, narrative copy, phrasing on a mailing envelope, or similar method, unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears immediately adjacent to each representation of urgency in the same type size and boldness as each representation of urgency.
No sponsor shall deliver, or cause to be delivered, a prize notice which is in theform of, or a prize notice which includes, a document which simulates a bond, check, or other negotiable instrument, unless that document contains a statement that such document is nonnegotiable and has no cash value.
No sponsor shall deliver, or cause to be delivered, a prize notice which:
Simulates or falsely represents that it is a document authorized, issued, or approvedby any court, official, or agency of the United States or any state or by any lawyer, law firm, or insurance or brokerage company; or
Creates a false impression as to its source, authorization, or approval.
No sponsor shall represent that a prize notice is being delivered by any methodother than bulk mail unless that is the case or otherwise misrepresent the manner in which the prize notice is delivered.
In the operation of a sweepstakes or contest, no sponsor shall:
Misrepresent in any manner the likelihood or odds of winning any prize or misrepresent in any manner the rules, terms, or conditions of participation in a sweepstakes or contest;
Fail to clearly and conspicuously disclose with all contest puzzles and games all ofthe following in the rules:
The number of rounds or levels which may be necessary to complete the contest anddetermine winners;
Whether future puzzles or games, if any, or tie breakers, if any, will be significantlymore difficult than the initial puzzle;
The date or dates on or before which the contest will terminate and upon which allprizes will be awarded;
The method of determining prizewinners if a tie remains after the last tie breakerpuzzle is completed; and
All rules, regulations, terms, and conditions of the contest.
The prohibited practices listed in this section are in addition to and do not limit thetypes of unfair trade practices actionable at common law or under other civil and criminal statutes of this state.
No sponsor, requiring a person to respond in any manner to claim a prize, shallrequire the person to purchase insurance; except that the sponsor is in no way responsible for applicable state and federal taxes on the prize; and except that a sponsor may require proof of health insurance in order to claim a prize for travel or recreational activities. Such health insurance may not be acquired from the sponsor.
Source: L. 2000: Entire part added, p. 863, § 1, effective August 2. L. 2002: (17) added, p. 383, § 1, effective April 25.