§ 24-8-5-1 — Substitutions for unavailable prizes; applicability to certain book, record, video, and magazine promotions

(a) If the prize described in this article is not
available, the person who is to receive the prize shall be given the
option of choosing one (1) of the following:
(1) A prize of equal or greater value.
(2) The verifiable retail value of the prize in cash or by a valid
check.
(3) A voucher, certificate, or other evidence of obligation stating
that the prize will be shipped to the person within thirty (30) days
at no cost to the person.
(b) If a voucher, certificate, or other evidence of obligation
described in subsection (a) cannot be honored within thirty (30) days,
the sponsor shall mail to a person a valid check or money order for the
verifiable retail value of the prize described in this article.
(c) Subsection (b) of this section shall not apply in a promotion only
for books, records, videos, or magazines when the person has the right
to review the merchandise without obligation for at least seven (7) days
and the right to obtain a full refund for the return of undamaged
merchandise.

Legislative History

As added by P.L.233-1989, SEC.1.