(A) No person, in connection with the sale, lease, or solicitation for the sale or lease of goods, property, or service, may represent that another person has won anything of value or is the winner of a contest, unless these conditions are met:
(1) The recipient of the prize, gift, or item of value must be given the prize, gift, or item of value without monetary obligation.
(2) The prize, gift, or item of value must be delivered to the recipient at no expense to the recipient within ten days of the representation.
(B) The use of language that may lead a reasonable person to believe that the person has won a contest or anything of value including, but not limited to, "Congratulations", or "You have won", or "You are the winner of", is considered a representation of the type governed by this section.
(C) This section does not apply to a promotion or contest meeting the requirements or one of the stated exceptions to applicability set forth in Section 37-15-40.
HISTORY: 1994 Act No. 483, Section 1.