Auto Advertising Enforcement Policies merchants; or (b) no more than three times what the promoter or sponsor actually paid for the prize; viii.If there is an element of chance, each notice must state the odds of a participant’s receiving each prize as “odds.” Odds must be stated as the total number of that particular prize and of the total number of notices issued (e.g, “Odds of winning: 1 in 10,000” or “Odds - 999,997 out of 100,000”). The total number of notices must include all notices in which the prize may be given, including those given by other sponsors, if applicable; 1 ) Note: If the odds cannot be accurately stated based on the number of notices, they may be stated in another manner, but only if this does not deceive or mislead participants; ix. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the written notice. The verifiable retail value and odds must be listed in the same size type and boldness as the prize. Disclosures must not require the participant to refer from one place in the notice to another in order to determine odds and verifiable retail value of the particular prize; x. If no element of chance is involved, and if the participant will be required to participate in a seminar or sales presentation in order to receive a particular prize, this must be conspicuously disclosed in the written notice. The disclosure must be printed in at least ten- point type; and xi. If a particular prize will require a participant to purchase additional goods or services in order to make the prize conform to what it reasonably appears to be in the initial offer/notice, the written notice must disclose such requirements and the additional cost. This disclosure must appear in each place where the prize is listed, and must be in the same size print and boldness as the prize listed. b. Conduct and Operation of the Promotion i. A list of all winning tickets, numbers, tokens or other devices used to identify winners must be prominently posted at the place of business or distributed to all participants. A copy of such list shall be furnished to each participant who requests one; ii. A participant may not be required to pay any money (such as service fees, mailing fees, handling fees), or to furnish any consideration in order to receive any prize, other than traveling to the place of business or allowing a presentation to be made in their home; 1 ) There is one exception to this requirement, which applies only to deposits for securing reservations in connection with “vacation” and “holiday” promotions. (See section c. below for details); iii. Upon arriving at the place of business or allowing the sponsor to enter the participant’s home, the participant must be immediately informed which, if any prize they will receive, and the prize (or any voucher, certificate or other evidence of obligation in lieu of the actual prize) must also be given at that time. This must be done prior to any attempts at sales presentations of any kind; iv. Substitution of prizes cannot be made. If the represented prize is not available, the sponsor must give the participant a certificate which guarantees shipment within 30 days at no cost to the participant. If the prize is not shipped within 30 days, the sponsor must mail to the participant a valid check or money order for the amount listed in the notice as the verifiable retail value; v. If a participant receives a voucher or certificate for a prize which names another party as responsible for delivering the prize, and that party fails to deliver the prize as represented in the original notice, the sponsor, which is defined as the business whose goods or services are being promoted or advertised, is responsible for delivering the prize; and vi. Upon request of the Attorney General, the sponsor and/or promoter must provide the names, addresses and telephone numbers of all prize recipients within ten days of the request. vii. All prizes offered and awarded must be noncash prizes only and cannot be redeemable for cash. 100 | 2025 MEMBERSHIP DIRECTORY | 2026 MEMBERSHIP DIRECTORY
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