Texas Business & Commerce Code - Section 40.006. Raincheck Requirements
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§ 40.006. RAINCHECK REQUIREMENTS. (a) Subject to
Subsections (d)-(g), an offeror may not fail:
(1) in a gift offer to provide each gift as represented
to each person who attends a sales presentation; or
(2) in a matched contest to award each prize as
represented on the entry form to each person who presents a winning
entry.
(b) Except as provided by Subsections (d)-(g), an offeror
may not provide a coupon book, a discount book, or a certificate or
voucher that entitles the holder to redeem the certificate or
voucher for a gift or prize required to be available under this
section.
(c) An offeror shall have available at the sales location a
sufficient quantity of:
(1) each gift to meet the reasonable anticipated
response to the offer; or
(2) each prize to meet the reasonable anticipated
number of prize winners.
(d) If the response to an offer exceeds the number of gifts,
or of major or minor prizes, available at the sales location, the
offeror, at the time of the visit or, if a sales presentation is
required, at the conclusion of the sales presentation, shall tender
to the recipient of the offer a raincheck for the gift or prize
represented in the offer. The offeror shall send that exact gift or
prize to the recipient, without cost to the recipient, not later
than the 14th day after the date on which the recipient visits the
sales location or attends the sales presentation. The offeror
shall obtain a return receipt from the shipper verifying that the
gift or prize was delivered to the recipient.
(e) If, after the expiration of 14 days from the date of
issuance of the raincheck, the offeror has failed to send the gift
or minor prize, the offeror, not later than the 15th day after the
date of issuance of the raincheck, shall send to the recipient of
the raincheck a check or money order in the amount of $100 payable
to the recipient. The offeror shall obtain a return receipt from
the United States Postal Service that verifies that the check or
money order was delivered to the recipient.
(f) If the offeror knows at the time the recipient of the
offer visits the sales location or attends a sales presentation
that the gift or minor prize will not be available within 14 days of
the date of the visit or attendance, the offeror shall at the time
of the visit or at the conclusion of the sales presentation tender
to the recipient, by cash or check, the amount of $100.
(g) If the gift or prize involves lodging, airfare, a trip,
or a recreational activity, the offeror may give the recipient a
certificate that evidences the recipient's right to the gift or
prize. The offeror may require a refundable deposit if the
requirement of a deposit is fully disclosed.
Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.
Section: 39.008 39.009 40.001 40.002 40.003 40.004 40.005 40.006 40.007 40.031 40.032 40.033 40.034 40.035 40.036
Last modified: August 10, 2007
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