Sec.42-110b-23. Game promotion  


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  • (a) It shall be an unfair or deceptive act or practice for any person to engage in any kind of contest, sweepstakes, giveaway or other game promotion which:

    (1) is deceptive or misleading as to chances of winning, the number of winners, the value of the prizes, or the availability of the prize;

    (2) requires any kind of entry fee, service charge, purchase or similar consideration in order to enter;

    (3) uses publications, literature, written or verbal promotion that is false, deceptive, or misleading.

    (b) It shall be an unfair or deceptive act or practice for any person to conduct a game of skill, conditioned on payment of consideration, without clearly and conspicuously disclosing the rules, terms, or conditions of participation, the date when the game will terminate and prizes that will be awarded, and the nature, value, and number of prizes that will be awarded.

    (c) It shall be an unfair or deceptive act or practice to represent that a person is a "winner," or has been "selected," or is otherwise being involved in a select group for receipt of a prize or an opportunity, or that a person is entering a "contest," "sweepstakes," "drawing," or other competitive enterprise from which a winner or select group of winners will receive a prize or opportunity, when, in fact, the enterprise is simply a promotional scheme designed to make contact with prospective customers, or all or a substantial number of those "entering" receive the same "prize" or "opportunity."

(Effective October 31, 1975)