As used in this part 8, unless the context otherwise
requires:
(1)Contest means any game, puzzle, competition, or plan that holds out or
offers to prospective participants the opportunity to receive or compete for gifts,
prizes, or gratuities as determined by skill or any combination of chance and skill;
except that contest shall not be construed to include any activity of licensees
regulated under part 6 of article 21 of title 24 or article 30 or 40 of title 44.
(2)No purchase necessary message means the following statement, set
apart and in bold-faced type, and at least ten-point type: No purchase or payment
of any kind is necessary to enter or win this [sweepstakes or contest]..
(3)Official rules means the formal printed statement of the rules for the
sweepstakes or contes
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As used in this part 8, unless the context otherwise
requires:
(1) Contest means any game, puzzle, competition, or plan that holds out or
offers to prospective participants the opportunity to receive or compete for gifts,
prizes, or gratuities as determined by skill or any combination of chance and skill;
except that contest shall not be construed to include any activity of licensees
regulated under part 6 of article 21 of title 24 or article 30 or 40 of title 44.
(2) No purchase necessary message means the following statement, set
apart and in bold-faced type, and at least ten-point type: No purchase or payment
of any kind is necessary to enter or win this [sweepstakes or contest]..
(3) Official rules means the formal printed statement of the rules for the
sweepstakes or contest, which statement shall be printed in contrasting type face
at least ten-point type.
(4) Prize means cash or an item or service of monetary value that is offered
or awarded to a person in a real or purported sweepstakes or contest.
(5) Prize notice means a written notice, other than an advertisement
appearing in a magazine or newspaper of general circulation, delivered by the
United States postal service or by a private carrier, that is or contains a
representation that the recipient will receive, or may be or may become eligible to
receive, a prize.
(6) Represent and representation includes express statements and the
implications and inferences that would be drawn from those statements, taking into
account the context in which the representation is made, including, but not limited
to, emphasis, font, size, color, location, and presentation of the representation and
any qualifying language. If the representation is made on or visible through a
mailing envelope, the context in which the representation is to be considered,
including any qualifying language, shall be limited to that which is visible without
opening the mailing envelope.
(7) Retail value of a prize means:
(a) A price at which the sponsor can demonstrate that a substantial number
of the prizes or substantially similar items have been sold to the public in this state
by someone other than the sponsor during the preceding year; or
(b) If the sponsor is unable to satisfy the requirement in paragraph (a) of this
subsection (7), then the retail value is no more than one and one-half times the
amount that the sponsor paid or would pay for the prize in a bona fide purchase
from a seller unaffiliated with the sponsor.
(8) Specially selected means a representation that a person is a winner, a
finalist, in first place or tied for first place, or otherwise among a limited group of
persons with an enhanced likelihood of receiving a prize.
(9) Sponsor means a person who offers, by means of a prize notice, a prize
to another person in this state in conjunction with any real or purported
sweepstakes or contest that requires or allows, or creates the impression of
requiring or allowing, the person to purchase any goods or services or pay any
money as a condition of receiving, or in conjunction with allowing the person to
receive, use, compete for, or obtain a prize or information about a prize.
(10) Sweepstakes means any competition, giveaway, drawing, plan, or
other selection process or other enterprise or promotion in which anything of value
is awarded to participants by chance or random selection that is not otherwise
unlawful under other provisions of law; except that sweepstakes shall not be
construed to include any activity of licensees regulated under part 6 of article 21 of
title 24 or article 30 or 40 of title 44.